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Nikah with a condition of talaq

Question

After the nikah and before the bride was sent to her husband’s home, a condition was put to Zayd: if, while keeping this girl in his nikah or after giving her talaq, he concludes a second marriage contract (‘aqd), then a major (mughallaza) divorce will fall on the wife of that second contract. Zayd, acting purely out of trust and reliance, signed it without looking. Zayd states on oath that when signing he was completely unaware of the said condition.

Answer

If he did not read this document, did not have it read out to him and hear it, and was not told that this condition was written in it, then the document is completely worthless and adhering to it is not binding; no talaq will occur on the basis of this document by his contracting a second nikah.

Source: Fatawa Mahmudiyya

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