Conditional delegation of talaq (tafwid) made before the nikah

Question

Question: Zayd enters into nikah with Hinda on the following conditions, and the conditions have been registered at the qadi’s office. (1) He will keep her in seclusion and, fulfilling all matters in accordance with the Shari‘a, will give her eight rupees every month for her food. (2) He will not contract a second nikah without Hinda’s permission. (3) He will not beat or abuse her. (4) Whenever Hinda demands the mahr and the money for food, he will pay it immediately. (5) If Zayd becomes insane or impotent (‘innin)

Answer

If the delegation of talaq (tafwid) with these conditions was made after the contract of nikah, or before the nikah but the conditions were attributed and linked (mansub wa mudaf) to the nikah, then these conditions are valid; upon their violation the delegation of talaq takes effect and the woman will have the right to pronounce talaq.

Source: Fatawa Mahmudiyya

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