Ruling on the Husband’s Words “مجھے طلاق ہے” (“Talaq Is on Me”)

Question

Zayd’s nikah with a woman named Zarina took place in 1965, but the wedding ceremony had not yet been performed when Zayd said these words: “مجھے طلاق ہے اگر میں جوا کھیلوں” (“Talaq is on me if I gamble”). A few months after this Zayd was found gambling. What is the ruling for Zayd now?

Answer

If there has not yet been any seclusion (khalwa) between the husband and wife, then, because of the gambling, in accordance with the condition, an irrevocable (ba’in) talaq has taken effect. Now, with the consent of both parties, the nikah may be contracted again.

Source: Fatawa Mahmudiyya

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