Conditional Talaq and Revoking

Fatwa ID: 02138

Answered by Ustaadha Bint Salih

Question:

After arguing with my wife via Facebook messenger I said if she does not give the mobile to her mother within 10 minutes then she will be divorced. After some moment not getting her reply I thought she does not read it. So I copy the text from Facebook messenger and resend it to her mobile via regular message. I want to force her but unfortunately her mother was not in home.

So before finishing 10 minutes I realize I she will not able to reach her mother within 10 minutes I said I am not divorcing you.
My question did talaq has been applied twice. I had no intention to talaq her twice.
Regards
Saifullah

Answer:

Bismillah

If one connected the divorce to the occurring of a condition, divorce will occur when the condition takes place. And the oath (i.e. the connecting of the divorce) will come to an end, because when the condition takes place, the connection of the divorce no longer remains. (Hidayah p.385 v.2)

With the aforementioned condition one talaq would have occurred.

With you saying ‘I am not divorcing you’ that talaq would be revoked.

Only Allah knows best.

Ustaadha Bint Salih.  

DarulIfta Birmingham.

Checked and approved by Mufti Mohammed Tosir Miah

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