Setting Conditions in a Nikah

Question

Before marrying off his daughter, prior to the bride’s send-off to her husband’s home, ‘Umar set the following conditions before his son-in-law Zayd: (1) if during the lifetime of this girl he contracts any other marriage, then by it a talaq mughallaza (final, triple divorce) will fall on the second wife; (2) the mahr will not be waived without ‘Umar’s consent; (3) if the girl is subjected to oppression and wrongdoing, ‘Umar may himself give the girl a divorce. (Etc.) (b)

Answer

Giving a talaq mughallaza, or causing one to be given, is a major sin (kabira). Setting such a condition and accepting the condition will also be a major sin. Zayd’s signing the said condition suffices for his consent, and now, if Zayd contracts a second nikah while his first wife is alive, a talaq mughallaza will fall on his second wife. [ar]قوله: (ثلاثًا في طهر أو بكلمة بدعي)

Source: Fatawa Mahmudiyya

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