A condition that the son-in-law live in the father-in-law’s house

Question

Before the nikah, an agreement was made between a man named ‘Isa and his father-in-law named Ghulam al-Din that he would remain a son-in-law living in his in-laws’ house all his life. And it was put in writing: “If ‘Isa disobeys and runs away, his wife will become unlawful by a Shar‘i talaq.” This agreement was written before the nikah, and afterwards the nikah took place. Some time had passed when Ghulam al-Din quarrelled with ‘Isa and turned him out.

Answer

Even if he deliberately acts contrary to the writing that was drawn up as an agreement before the nikah, talaq will still not take effect on his wife by virtue of that writing.

Source: Fatawa Mahmudiyya

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