Darul Ifta Ibn Masood

Getting out of a conditional divorce

· 14 Rabiʻ II 1444 AH1 min readEnglish

Question

If a person takes a vow, for example, “If I leave this house, my wife is divorced,” and he wants to break the vow, how will he go about without his wife been divorced?

Answer

There is no way of getting out of the situation. The moment he leaves the house, the divorce will be effective. Since it will only be a single divorce, he may reconcile with his wife if this is going to be the first or second Talaaq. However, if he had previously divorced his wife twice, then this will be the third divorce, in which case his marriage will be irretrievably over.

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/getting-out-of-a-conditional-divorce/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-20842

People also ask

Is a conditional talaaq ('if you do this you are divorced') valid?

“A.The statement, “if you call, message or contact him (ex-husband) through social media, you are divorced” of a husband to his wife constitutes a conditional divorce (At-Talaaqul Muallaq).”

Jamiat KZN · 70 fatawa from 5 Darul Iftas on this

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