Making talaq conditional on marriage

Question

A man said to his wife: “I love you so much that I will not contract nikah with any other woman, neither during your life nor after your death; and if during your life I contract nikah with any woman, then ‘تجھ پر تین طلاق’ (‘three talaqs on you’), so that there be separation from you forever, which I would not be able to bear.

Answer

If during the lifetime of the first wife he contracts nikah with any woman, a major (mughallaza) talaq will take effect on the first wife. The device (tadbir) for a second nikah is this: some fuduli (a person acting for another without authorization), without his command and without agency (wakala)

Source: Fatawa Mahmudiyya

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