The wife’s right to leave the marriage lasts only for that same sitting

Question

Zayd’s nikah took place six years ago. Relations between husband and wife continued as usual, but later Zayd harassed his wife in all sorts of ways and beat her. Seeing this state of affairs, her parents became very distressed; they remonstrated with the young man and refused to send her (back). The young man then set some conditions about his way of living: “Send her; if I do not fulfil these conditions, your daughter will then have the right, from my side, to separate from the nikah.” The said conditions are: (1)

Answer

In this situation, as soon as the husband acted contrary to the condition, the woman acquired the right to separate from the nikah in that very sitting. If that sitting has ended, the right has ended too.

Source: Fatawa Mahmudiyya

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