A condition set after nikah but before the bride’s send-off: “If I marry any woman, she is under a major (mughallaza) divorce”

Question

After contracting the nikah of his daughter, and before the bride was sent off to her husband’s home, ‘Umar set the following conditions before his son-in-law Zayd: (1) If Zayd contracts any second marriage whatsoever during the lifetime of his daughter, then that second woman is under a major (mughallaza) divorce. (2) The mahr cannot be remitted without ‘Umar’s consent. (3) If the girl is subjected to oppression and wrongdoing, ‘Umar may give talaq. What needs to be ascertained is: (a)

Answer

(1) The Shari‘a permits every man to marry up to four times, according to need and his capacity to fulfil the rights; no one has the right to take away this lawful right. Therefore ‘Umar’s taking from Zayd the undertaking, “If you marry a second time while my daughter is present, a major (mughallaza) divorce will fall upon her,” is not permissible.

Source: Fatawa Mahmudiyya

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