The Ruling on Conditional Divorce and the Method of Reconciliation
Source: Aḥkām wa Masāʾil, Masāʾil-e-Ṭalāq, Volume 1, Page 333
❀ Question
Zayd had an argument with ʿAmr. Zayd’s wife is a relative of ʿAmr. Due to this dispute, Zayd told his wife:
“If you ever appear before ʿAmr, then you are divorced.”
The question is: If this condition is fulfilled, will the divorce take effect according to Sharīʿah?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
◈ In the mentioned situation, if Zayd’s wife actually does come before ʿAmr, then the condition set by Zayd will be fulfilled.
◈ With the fulfillment of this condition, the divorce will legally take effect according to Sharīʿah.
◈ In such a case, Zayd should — if the wife’s ʿiddah is still ongoing — reconcile with her (perform rujūʿ).
◈ If the ʿiddah has already ended, then he must contract a new nikāḥ with her.
◈ In the future, he must avoid using such expressions and situations so as not to fall into this problem again.
ھذا ما عندي والله أعلم بالصواب
