Fatwa #1411025 March 2006Pakistan
my friend realized that he had made a mistake and wants to undo the conditional Talaq. Please clarify what can be done in this case to undo the conditional Talaq.
Question
1.One of my friends was in fight with his wife and he told his wife that if your brother comes to my house you are divorced. Now his brother did not come for a long time. Now my friend realized that he had made a mistake and wants to undo the conditional Talaq. Please clarify what can be done in this case to undo the conditional Talaq.
2. My brother got married with a divorced woman. They did not have formal Nikah ceremony. At a time when they wanted to marry, my brother said to woman in the presence of her two young sons (over 18 years) that I accept you as a wife against Rs.5,000 Mehr and these two sons are witness to it and the woman replied that I also accept that. Was the Nikah valid?
Answer
1. Talaaq (divorce) is a serious matter. It is not a matter to be taken lightly or to rush into. With regard to Talaaq pending on some future event, the validity of the condition is based upon the condition not being found at the present, with the possible occurrence of the condition in future. (Shaami vol.1 pg.342). Here, the Talaaq is pending on the condition occuring for it to go through. There is no way to retract this condition.
2. The Nikah takes place.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai