Conditional Talaaq

Question

A woman states that the following words were said to her by her husband: ”If I ever go back to my evil habit of watching pornography then it is three talaqs, i.e. We are no longer husband and wife.” Subsequently he went back to his old ways which is not under dispute. However he now argues that he had said the following words: ”If I…..,then I WILL give you three talaqs. “What is the Shar’i ruling for the woman in the above case?

Answer

If a husband told the wife, “If I ever go back to my evil habit of watching pornography then it is three Talaaqs, that is we are no longer husband and wife” and thereafter the husband returns to his evil habit of watching pornography then three divorces will take place.

If the wife heard the husband utter the above statement and it is agreed by all that he has returned to his evil habit, then it is not permissible for the wife to maintain any form of relationship with the husband. She will have to distance herself from him immediately.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

Fataawa Mahmoodiyya pg.298 vol.13 Faarooqiyya

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