Making the talaq of one wife conditional on the talaq of the other wife

Question

‘Umar married a second time on this condition: “If I give the second wife (you) talaq, then the first wife is under a major (mughallaza) divorce.” After that ‘Umar gave the second wife a major divorce. In this case, which talaq will fall on the first wife, given that the first wife has not even been sent to her husband’s home yet and the marriage with her has not been consummated (ghayr madkhula)?

Answer

If he married a second time and said to this second wife, “If I give you talaq, then a major divorce falls on my first wife,” and after that gave the second wife a major divorce, then by this a major divorce has also taken place on the first wife, even if he never came to be in seclusion (khalwa) with her.

Source: Fatawa Mahmudiyya

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