Talaq upon the condition being fulfilled

Question

Question: A man named Khidr pledged that he would never beat his wife, and that if he beat and thrashed her or turned her out of the house, the said woman would become unlawful by three talaqs of the Shari‘a. Will it be permissible to contract nikah after this incident or not? Only two days had passed since the said Khidr’s nikah when he beat his wife and turned her out of his house. Three months have passed since this incident. Is this nikah now valid according to the Shari‘a or not?

Answer

If the matter is as stated, then a major (mughallaza) divorce has taken place. The said woman should, counting from the day on which her husband beat her and turned her out of the house, observe an ‘idda of three menstruations (hayd) and then properly contract a second nikah elsewhere.

Source: Fatawa Mahmudiyya

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