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[Q-ID0879] I told my wife if she visits her parents house she is divorced, how do I end this condition?

QUESTION:

What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: If a husband says to his wife, “If you go to the house of your parents, you are divorced,” now what is the way to end this condition?

Questioner: Brother from UK

ANSWER:

بسم الله الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایة الحق والصواب

When divorce is suspended due to being dependent upon a condition, so the condition cannot be revoked; the divorce takes effect upon fulfilment of the condition. Therefore, if a divorce is suspended, there is no way to avoid it. In any case, one revocable divorce will occur and one will also have the right to revoke within the waiting period [‘Iddah]. Once the condition is fulfilled after leaving once, it will be lifted, but leaving again will not result in divorce. However, for the future, the option of only two divorces will be available.

Just as it is stated in Fat-h al-Qadīr:

“وعرف في الطلاق أنه لو قال إن دخلت فأنت طالق إن دخلت فأنت طالق إن دخلت فأنت طالق فدخلت وقع عليها ثلاث تطليقات”

[Fath al-Qadeer, vol. 10, p. 437]

However, if three divorces are suspended, the way to avoid them is as follows: the aforementioned individual should divorce his wife once and leave her. When the waiting period is complete, if he is prohibited from going to the house where his wife resides, he should go to that house, then marry his wife again. With this measure, the suspension will be lifted, and the wife will be saved from the three divorces, and divorce will not occur when she goes to that house again. After that, the husband may marry again with a new dowry, but the husband will have the option of two divorces for the future, as stated in Dur Mukhtār alongside Radd al-Muhtār.

“فحيلة من علق الثلاث بدخول الدار أن يطلقها واحدةً ثم بعد العدة تدخلها فتنحل اليمين فينكحها”

[Durr Mukhtār alongside Radd al-Muhtār, vol. 3, p. 357]

والله تعالی أعلم ورسوله أعلم

صلی الله علیه وآله وسلم کتبه أبو الحسن محمد قاسم ضیاء القادري

Answered by Mufti Qasim Zia al-Qādiri

Translated by Haider Ali al-Madanī

Read the original Urdu answer here: [Q-ID0879] I told my wife if she visits her parents house she is divorced, how do I end this condition?

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