Q: My question is my husband gave me a first talaq in 2005. We lived in … for 8 years after that. He asked me to go back to Pakistan to live with my parents after a conflict. He gave me a second talaq via a text message while he was in … and I was in …. At the same time he sent me an email with a ‘conditional talaq notice’ stating that he is giving me 2 talaqs on the condition if I come back to … from … and they will become valid and that first talaq of 2005, three talaaqs will happen and I will become na mahram for him. I stayed back in …,then he sent me an email before 90 days, which was the iddat period for the second talaq he gave me earlier via text message, stating that he wants to make rajoo’ with me and wants to take me back in his nikaah. After that the 2 conditional talaaqs are still there. My husband is still in … and I am in … Is that conditional talaq going to effect my present nikaah in any way like making it makrooh or do I need to do any thing about it so that it does not effect our nikaah?
And Allah Ta’ala (الله تعالى) knows best.
ثم إن وجد الشرط في ملكه انحلت اليمين ووقع الطلاق لأنه وجد الشرط والمحل قابل للجزاء فينزل الجزاء ولا تبقى اليمين لما قلنا وإن وجد في غير الملك انحلت اليمين لوجود الشرط ولم يقع شيء لانعدام المحلية (هداية 2/386)
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)