Talaq because of breaking a pledge

Question

A girl named Taj Khatun was married (nikah) to ‘Abdullah Shah, son of Sayyid Shah. The said ‘Abdullah Shah harasses the said Taj Khatun severely. Wearied by his harassment, all of us members of the biradari (kinship community) drew up a written pledge in the presence of ‘Abdullah Shah, and beneath it ‘Abdullah Shah, and three, as well as many other persons present at the time, bore witness and put their signatures.

Answer

The words of the pledge are: “In case of violation and breach of the pledge under the conditions set out in this document, this servant will be out of the religion and Islam.” If he has acted against the pledge, then neither has talaq taken effect, nor has the nikah been annulled (faskh), nor has he left Islam; however, expiation (kaffara)

Source: Fatawa Mahmudiyya

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