A way to end the condition of a talaq

Question

A long time has passed since Zayd’s nikah with Hinda. One day, in anger, Zayd said this sentence to his wife: «اگر تم وہاں جاؤ گی (یعنی اپنے میکے) تو تم پر طلاق عائد ہوگی» (“If you go there (that is, to your parents’ home), talaq will be imposed on you”). A minute or two later he reminded her: “If you go there, it will be with you just as was said,” but at that time he did not say the word talaq. Then after some time (on the fourteenth day) he said: «اگر تم جاؤ گی (میکے) تو تم پر طلاق»

Answer

From the first words («طلاق عائد ہوگی» — “talaq will be imposed”) talaq did not take effect, however many times they were said, because this is not an immediate (munjaz) talaq but one suspended on a condition, and the condition has not been met; so no talaq occurred. The condition, however, still remains. From the second words («جاؤ میں نے تم کو چھوڑ دیا»

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.