Making three talaqs conditional

Question

There had long been enmity among the brothers of Muhammad Na‘im, and it was necessary to make those people taste retaliation for this enmity: they gained control over his wife Hinda. Muhammad Na‘im constantly insisted that Hinda should not go to those people, but Hinda did not listen to her husband at all; on this account she was beaten several times, but she did not desist from her conduct. Being a woman, she did not understand the hidden purpose — what her end would be.

Answer

In the case asked about, according to the Shari‘a a major (mughallaza) divorce has taken effect. Although in the husband’s words there is no explicit attribution of the talaq to the wife, it was the wife alone who had been spoken of beforehand; moreover, a husband gives talaq only to his own wife.

Source: Fatawa Mahmudiyya

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