Making talaq conditional on refusal of intercourse

Question

Zayd wished to have intercourse (jima‘) with his wife at night. His wife said to her husband, “I will not do this.” Zayd said: “جب تو یہ کام نہیں کرے گی، تو میں نے تجھے طلاق دیدی” (“Since you will not do this, then I have given you talaq”) — and who knows how many times Zayd said these words. After that, when about 6–7 months had passed, that woman became willing for intercourse; then intercourse took place, and a child was even born to them.

Answer

If the wife meant, “I will not do this now” (at that time she presumably had some excuse), and the husband insisted then and meant, “If you will not do it now, then I have given you talaq,” and he said it three times, then a major (mughallaza) divorce took effect at that very time.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.