“If I do not marry her and marry someone else, that other woman has two talaqs”

Question

If Zayd said: “اگر میری اس کے ساتھ شادی نہ ہوئی اور اس کے علاوہ کسی دوسری سے ہوئی تو اس دوسری کو دو طلاق” (“If I do not get married to her and get married to some other woman besides her, then that other has two talaqs”), and after that he swore an oath in which only talaq was mentioned, and he broke it — then how many talaqs will take effect in such a case? There was no restriction of “whenever” (“جب جب”) in it. If three talaqs fell, it will be a major (mughallaza) divorce.

Answer

If he never marries this woman in his whole life and does marry that other woman, then talaq will fall on the other woman; otherwise, as long as there remains a possibility of marriage, talaq will not fall on the other woman by marrying her. For the oath to be fulfilled, equality (kuf’) is not a condition. Whatever talaq (one, two or mughallaza)

Source: Fatawa Mahmudiyya

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