Talaq upon violating a condition

Question

Question: A woman named Zeb al-Nisa’ was married (nikah) to Anwar al-Haq, but because of the husband’s misconduct and ill temper relations became strained. Some respected people reconciled them and also had him write on stamp paper: “If I violate these conditions, then this non-observance on my part shall be deemed a talaq for Zeb al-Nisa’.

Answer

This written undertaking is in reality the suspension (ta‘liq) of talaq on non-observance of the conditions; therefore, upon non-observance of the conditions, talaq will take effect as per the written undertaking, and there will be no need for any further demand. Since the explicit talaq was not reinforced by any other attribute such as intensification (tashdid)

Source: Fatawa Mahmudiyya

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