Conditional talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Me and my wife have been arguing two months ago to reconcile. She made me take an oath of a conditional divorce. The conversation is as follows where my wife said: If she ever gets hurt by my action and she tells me she will get hurt regardless of the reason then it’s talaaq x3 and if I ever know I will be hurting her and still carry on the act then its talaaq x 3. All I did was when she finished I just repeated the words talaaq x 3 only. A few days ago she told me not to do a certain act. All she said was don’t do it. She didn’t warn me she will be upset neither did I know she will get upset. I had done the act and she said the condition is fulfilled now its finished. Is this true? We have reconciled now and we strongly believe the conditions weren’t meant as we were the ones deciding these. Will it be possible to get a Fatwaa to revoke this condition? Allah is the most merciful, He is the most forgiving so many hadeeths say Allah forgives all sins. Please could you help?

Bismillaah

A: Yes, it is true.

No. According to the wordings, the talaaq has taken place.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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