Talaq made conditional on nikah

Question

Zayd set out from his own country to another country to acquire knowledge, and when leaving he said this sentence by way of a condition: “If I come back without having studied and marry, then my woman is divorced (has talaq).” Now the situation is that his studies have not yet been completed, and his parents are strongly demanding and pressing Zayd to marry: “Come and get married.” Out of fear of his parents Zayd cannot refuse either.

Answer

The permissible way is that some fuduli (an unauthorised third party who concludes a contract on another’s behalf — his parents or the like) conclude his nikah, and he gives his permission for it not in words but by action, for example by sending the (prompt, mu‘ajjal) mahr to the woman: [ar]في «لا يتزوّج»

Source: Fatawa Mahmudiyya

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