Doing the stipulated act before learning of the condition in a conditional talaq
Question
Muhammad Yunus wrote a letter to his father-in-law, a copy of which is given below. Respected Anis al-Rahman! …… Greetings according to the sunna! The necessary circumstances are these: your daughter eats in your house; your daughter, whatever she may be, will remain ours alone, but if she sets foot anywhere against our order, the outcome will be very bad. Therefore we are warning you, so that you do not say later, “Why was this not said earlier?
Answer
In this letter the husband made talaq conditional on the wife’s going to the village of Rupili, and first made the addressee responsible for conveying this, so that he would warn the wife. However, even before the letter reached the addressee and before the wife learned of it, she had already gone to the village of Rupili; therefore no talaq has occurred.
Source: Fatawa Mahmudiyya
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