If he does not return the money for my business, his cousin who is in my nikah is divorced with three talaqs

Question

Khalid deposited five hundred rupees with Abu Bakr as a trust (amana), and Khalid was already in debt to Abu Bakr. Other people provoked Khalid, saying that Abu Bakr would not give him back the money. Khalid swore: “If Abu Bakr creates obstacles to returning my money and does not give back the money for me to do business, then Abu Bakr’s cousin (his maternal aunt’s daughter), who is in my nikah, is divorced with three talaqs.” What needs to be ascertained is: when will talaq take effect?

Answer

If Abu Bakr did not return that money held in trust, but, when Khalid demanded it, obstructed his business — whether by withholding part of the money or by withholding all of it — and set that money off against his own debt, then, in accordance with the conditional pronouncement (ta‘liq), a major (mughallaza) divorce has taken place on Khalid’s wife (Abu Bakr’s cousin)

Source: Fatawa Mahmudiyya

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