How to arrange a talaq conditional on remission of the mahr

Question

Question: A man cannot come because of the great distance, and he wishes to divorce his wife on the condition that she remits his mahr. Which method would be appropriate for this? (1) May he, from where he is, write and send a written divorce deed, making the talaq conditional on remission of the mahr and on a written remission of the mahr from the woman? By making the talaq conditional on the written remission of the mahr in this way, the talaq will surely not take effect without remission of the mahr? (2)

Answer

Both methods are valid according to the Shari‘a; in both cases the talaq will not take effect without remission of the mahr. If he trusts some agent, let him adopt the method of agency (wakala); if he has more confidence in the wife’s own written statement, let him have the wife’s written statement sent to him directly, without an intermediary, and also have the document…

Source: Fatawa Mahmudiyya

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