Nikah with the intention of tahlil

Question

After the expiry of the ‘idda, Zayd said to his divorced Hinda: “If you marry someone and he gives you talaq, I will marry you again; and if you wish to stay with him happily, that too is acceptable to me; and in both cases I will help you with your nikah, because I feel pity for your helplessness.

Answer

If, after conjugal relations with the second husband, Hinda pronounced talaq upon herself in accordance with the condition, then her nikah with the first husband is valid; but if all this was done without conjugal relations, it is not valid — provided that the first husband had given three talaqs! If he had given fewer than three talaqs, then it has become valid in any case.

Source: Fatawa Mahmudiyya

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