Occurrence of talaq and expiation of the oath upon violating a condition set at the nikah

Question

Question: Zayd married the daughter of ‘Amr on the following conditions. (1) At the time of the nikah, in the gathering, Zayd took the Noble Qur’an in his hand, swore an oath to ‘Amr and said: “Until my wife reaches maturity (bulugh) I will live in your house itself; and in the event of not acting upon this condition, my wife is divorced (talaq), and my wife is completely unlawful (haram) for me” (“اس شرط پر عدم عمل کی صورت میں میری بیوی پر طلاق ہے، اور میری بیوی مجھ پر بالکل حرام ہے”).

Answer

If Zayd, before the offer and acceptance (ijab and qabul) took place, swore by Allah or by the Qur’an that he would fulfil this condition, and that in case of not fulfilling it “my wife is divorced and unlawful for me,” and then acted against the condition, then his wife has not become unlawful, nor has talaq fallen; he has, however, become sinful.

Source: Fatawa Mahmudiyya

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