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Will both wives be released if one of them is left?

Question

While having my first wife, I contracted a second nikah with her paternal cousin. At the time of the second nikah, the father of my first wife said to me, “What will happen if you leave one of the two — my daughter or my niece?” Then I replied: “I swear by the Qur’an and by God: «کسی ایک کو چھوڑ نے سے دونوں ہی چھوٹ جائیں گی» (‘if I leave any one of them, both will be released’).

Answer

To the second wife he has certainly given talaq quite explicitly; but talaq has also fallen on the first, provided that the reply to the words of the first wife’s father was given after the second nikah, that is, the sentence “if I leave any one of them, both will be released” was said after the nikah with the second: [ar]وإذا أضافه إلى شرط وقع عقيب الشرط[/ar] “If he attaches…

Source: Fatawa Mahmudiyya

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