Fatwa ID: 02468
Answered by: Maulana Mujahid Hussain
My friend got 2nd marriage in the presence his first wife. Before 2nd marriage, he signed a stamp paper on the demand of 2nd wife. This stamp paper was a conditional divorce for first wife mentioning in the stamp paper that if I (my friend) divorce you (2nd wife) my first wife (with name XYZ….) is divorced-divorced- divorced (word "divorce" mentioned 3 times in stamp paper).
Please explain that if my friend now divorces his wife, then according to stamp paper, will this conditional divorce be applicable or not?
If this divorce applies, whether it will be considered one divorce or will be 3 divorces?
The words mentioned in the 2nd paragraph are the same as these are written in stamp paper.
بسم الله الرحمن الرحيم
To start off I must say your friend has done something very silly and great injustice to his first wife. His desire to marry a second time is understandable however, to do it in a manner which can result in his first wife’s world being turned upside down in a second is not acceptable at all. Indeed the prophet prohibited from evoking three divorces at once and as such this is a sinful act. As ibn abbas said “ one of you commits a sin then he asks “ is there is leeway for me” rather the leeway is for the one who fears Allah ” ( by doing the right thing in the first place)
Unfortunately If your friend was to divorce his second wife then this would result in his first wife being divorce three times.
Allah Knows best.
Written by Maulana Mujahid Hussain
Checked and approved by Mufti Tosir Miah
Darul Ifta Birmingham
Muktasar al quduri . The chapter of divorce.
وطلاق البدعة: إن يطلقها ثلاثا بكلمة واحدة أو ثلاثا في طهر واحد فإذا فعل ذلك وقع الطلاق وبانت منه وكان عاصيا