Nikah on the condition that a second wife is divorced with major (mughallaza) divorce upon a second marriage

Question

Question: When a certain Ghulam Muhammad, son of Ghulam Rasul, a goldsmith, wished to marry Bhag Bhari, daughter of Muhammad Yar, her parents wrote down the following conditions and had him sign them. (1) “If I treat her with discord, then in return for that I will give the said woman a monthly allowance in the amount of (?) without excuse; and during the lifetime of the said woman, upon my contracting a second marriage, the second wife will be divorced with three talaqs, a major (mughallaza) divorce.

Answer

(1) These words — “upon a second marriage the second wife will be divorced with three talaqs, a major (mughallaza) divorce” (“دوسری شادی کرنے پر دوسری منکوحہ کو طلاق ثلاثہ مغلظہ ہوگی”) — if they are merely a promise, that is, “I will give talaq,” then talaq will not take effect through the second marriage as long as he does not give talaq. But if this is a suspension (ta‘liq)

Source: Fatawa Mahmudiyya

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