Conditional Talāq
Question:- If an unmarried person says i divorced my wife (thinking of someone he will marry) will she be divorced when that person will marry her?
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Assalāmualaykum Warahmatullāhi Wabarakātuhu.
Hāmidan Wamuswalliyan
Al Jawāb Bi’ounillāh Wa’alayhi at Tuklān.
Ta’līqut Talāq is when a person issued a conditional divorce “If I marry you, you will be divorced”.
Then Talāq will be taken effect after the Nikāh. The wife will be a Mughalladhā (divorcee), she will have to go through Halālah, to be able to marry the former husband who issued a conditional Talāq.
[Radd Al Muhtār volume 3 Page 345/744]
Almighty Allāh knows best.
Muftī Mohammad Ashhad Bin Saeed Al Mahmūdy
Dāruliftaa Mahmoodiyyah Mauritius.
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