The Effect of Breaching a Condition on the Nikah

Question

A man performs the nikah of his daughter with a young man on the condition that this young man must live in his (the father’s) house. The young man accepted the condition and the nikah took place. Now, after five months, this father says to the young man: “You don’t live in my house,” whereas the young man does live in his house; but whenever he goes anywhere, the father says the same thing: “You are breaking your promise,” and, making this an excuse, he has regarded his daughter as divorced and fixed a date for…

Answer

Talaq has not occurred merely through this; it is the first nikah that remains, and a second nikah is by no means permitted. If he performs a second nikah (for her), it will not be a Shar‘i nikah; rather, it will be fornication under the name of nikah, the punishment for which is severe.

Source: Fatawa Mahmudiyya

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