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Will a conditional divorce remain after halaala?

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:If a person gives his wife talaq-e-baain by saying I don’t want to live with you get out from my house, and his intentions are also divorce. Now, his wife is no more in his nikah but he did not accept that that kind of talaq will happen and others also do not accept it. His wife tried not to go near him then he went out of the country for earning purposes and he said to his wife, if I will not send you 25000 every month then it means I divorce you. He did not send his wife the money and again divorced her.

His wife married some other person after iddat and he also divorced her after her iddat then she married her first husband again because of his child and her first husband also asked her for apologies.

Kindly tell me that that condition which her first husband said to her that if I will not send you 25000 than you are divorced (please remember that her husband said these words after talaq-e-baain and before divorce words or you can say between talaq-e-baain and talaq-e-raji) is this condition the same for her after halaala or now she is free from this condition?

Bismillaah

A: Apparently that condition was for the past. This is a totally new nikaah contract.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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