Conditional Divorce

Conditional Divorce

Prior to marrying a woman, a person said: “If I marry you, you are divorced.” If the person happens to marry this woman, one talaqul ba’in will take place the moment the nikah is performed. Now, he cannot keep her without remarrying her. If he said: “If I marry you, you are divorced two times”, two talaqul ba’in will take place. If he issued three divorces, three will take place and it will be talaqul mughallazah.

A person made the condition of divorce prior to marriage. The moment the nikah was performed, divorce took place. He then remarried the same woman. By remarrying her, another divorce will not take place. However, if the person made the condition in the following way: “Each time that I marry you, you are divorced”, then each time that he marries her, divorce will take place. Now, there is no way in which he can keep this woman. Even if she marries another person, separates from him, and thereafter remarries the first person, divorce will still take place.

A person says: “Whichever woman I marry, she is divorced.” Based on this, whichever woman he marries, divorce will take place. However, once divorce takes place between him and a woman and he decides to re-marry her, divorce will not take place this second time.

A person addressed a woman whom he had not married as yet saying: “If you carry out a certain action, you are divorced.” Such a condition is not considered. If he marries her and she carries out that action, divorce will not take place. This is because there is no way a person can divorce a woman who he has not even married except by saying: “If I marry you, you are divorced.” Divorce cannot take place in any other way if the woman is not married to him as yet.

If a person addresses his wife saying: “If you carry out a certain action, you are divorced.” “If you come near me, you are divorced.” “If you enter this house you are divorced.” Alternately, he threatened to divorce her on some other condition. In all these cases, if she carries out that action, divorce will take place. As long as she does not carry out that action, divorce will not take place. In all these cases, talaqur raj’î will take place, in which the husband has the right to keep his wife without having to renew the nikah. However, if the person spoke in vague terms, talaqul ba’in will take place. For example, he said: “If you carry out a certain action, there will be no relation between me and you.” Once she carries out the action, talaqul ba’in will take place. This is on the condition that when the man uttered these words, he intended divorcing her.