The Wife’s Right to Talaq upon Violation of the Conditions

Question

Question: Zayd, to reassure his wife Hinda, delegated the right of talaq to Hinda according to the writing in the request for a fatwa (istifta’). After writing it, Zayd violated the conditions set down in it, namely: six months passed, and only after that did he send expenses; and without Hinda’s consent he stayed away from March 1940 until 30 January 1942.

Answer

In the case asked about, the wife had the right to effect talaq upon herself, since the husband acted contrary to his condition. However, this right was conditioned by two conditions: one, “if I do not send expenses for maintenance for two months in a row”; the other, “if I do not come to my wife for more than six months without consent.

Source: Fatawa Mahmudiyya

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