Divorce on condition of staying at mother place

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I tell my wife if you stay at you mother home at night 1 talaq will happen, however you can visit her in day time and come back. We are staying in Saudi Arabia planning to visit Pakistan. But if I change my mind and allow her to stay at her mother place, will one talaq take place?

بسم الله الرحمن الرحيم

(Fatwa: 1408/1408/M=11/1434)

If you have not said the said conditional words regarding any specific night rather you said it unconditionally then whenever the wife will stay at her mother’s home in the night then as per the condition one talaq shall take place whether she stays there with your permission or without it. The ruling shall be similar in both the cases. Now you cannot terminate this condition by changing your intention. Talaq shall definitely take place when the condition is met. However, you will have the right to take your wife back within iddah period.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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