What if Divorce Is Linked to a Condition?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
If a husband says, “You are divorced if your mother breastfed you,” does divorce take effect if the condition is true?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I hope you are in good faith and health. Thank you for your question.
If it is proven and verified that the wife was breastfed by her mother, this is regarded as a binding conditional statement. As a result, the divorce becomes effective immediately.
“If one tied the divorce to the occurrence of a condition, divorce will occur when the condition occurs. And the oath will come to an end (m: with the divorce), because when the condition (i.e., the act) takes place, the oath no longer remains, except when saying “whenever”….” [Ibn ‘Abidin, Radd al-Muhtar]
Divorce is Serious
Husband’s regret or joking does not matter. Once the condition is fulfilled, divorce occurs; usually, one revocable divorce (ṭalaq raji) if it’s the first or second. If the wife wasn’t breastfed, the condition isn’t met, and no divorce happens.
I would like you to read through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.
Related
- Marriage and Divorce Archives—SeekersGuidance
- Love, Marriage, and Relationships in Islam: All Your Questions Answered
- Etiquette of Marriage: A Comprehensive SeekersGuidance Reader
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
