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Conditional Divorce Scenario

Q: I issued one Talaaq-e-Bain to my wife (X) with mutual understanding. After 6 months had passed of this Talaaq-e-Bain I asked my mother-in-law if she could send her daughter to me. Later I got very irritated and uttered loudly “If I marry X then she is divorced.”

After few weeks of this incident I was going alone somewhere fights between two families were not solved and my wife was not ready to come over to me. I uttered the following words while thinking of her: “If I get married then she is divorce.”
Now my ex-wife’s family doesn’t want to marry her off to me and I want to marry another woman. In the light of Shariah and circumstances explained above if I marry any other woman, will she also be divorced automatically or only X (my ex-wife) will be divorced as I was only thinking about her and wanted to get rid of her?

A: The conditional Talaaq you issued your ex wife would not affect your Nikah to another woman as you had clearly mentioned her (X) by name in your statement: “If I marry X then she is divorced.” Thus marrying another woman would not bring about Talaaq.

And Allah knows best.

Mufti Aadil Moosagie

Checked by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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