When the husband is unaware of the condition deed, talaq does not occur by it

Question

At the time of the second marriage, Muhammad Sa‘id’s father-in-law, having taken Muhammad Sa‘id’s thumbprint on this condition deed: “Muhammad Sa‘id gave his first wife three talaqs before two witnesses, and it was settled that as long as Bibi Maymuna Khatun (the second wife) lives, if I marry again, then there will be — or there will fall — three talaqs” (تو تین طلاق ہوگی، یا پڑیگی), had the marriage contracted.

Answer

Since Muhammad Sa‘id did not know of the condition deed at all, no obligation lies upon him; hence, because of it, talaq will not fall upon his present wife. [ar]كل كتاب لم يكتبه بخطه ولم يمله بنفسه لا يقع الطلاق ما لم يُقِرّ أنه كتابه[/ar] “Any document that he did not write in his own hand and did not dictate himself — talaq does not take effect so long as he does not admit…

Source: Fatawa Mahmudiyya

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