The need for halala after three talaqs given to a wife with whom the marriage was not consummated

Question

(1) Zayd gave his daughter in nikah to ‘Umar with a fixed mahr and several conditions, on the condition that if a condition is breached, Zayd will have the right to effect one talaq. ‘Umar accepted (the nikah) with the conditions. Does Zayd acquire this right under the Shari‘a or not? (2) Someone gave his wife, before the bride was sent to her husband’s home and before valid seclusion (khalwa sahiha), an allusive (kinaya) talaq, or an explicit (sarih)

Answer

(1) Since ‘Umar agreed to the conditions, now, in the event of a breach of the conditions, Zayd will have the right to effect one irrevocable (ba’in) talaq upon his daughter — provided that the offer (ijab) of nikah came from the woman or her guardian (wali) and the man accepted it.

Source: Fatawa Mahmudiyya

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