Tafwid: a written undertaking taken before the nikah

Question

(1) A man gave his daughter in marriage on the condition: “If my daughter suffers hardship or maintenance (nafaqa) is not provided, then the right of talaq will be mine.” If, without these conditions being met, the husband, while quarrelling with his wife’s brother, says with the intention of talaq, “I have no connection with your sister,” will talaq take effect or not? (2) Is it valid or not to have a written undertaking made before the nikah stating that the right of talaq belongs to me?

Answer

(1) When the husband says this sentence regarding his wife with the intention of talaq, one irrevocable (ba’in) talaq takes effect by it. (2) If before the nikah a written undertaking was taken that “the right to divorce your wife belongs to me,” then this writing is ineffective; whether this writing was made conditional on non-payment of maintenance or not, it is all of no…

Source: Fatawa Mahmudiyya

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