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Talaq condition and one talaq pronounced before the condition occured

Last updated: 9th February 2012
Question ID: #4160
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Assalamu alaikum I'm in big problem regarding some talaq conditions. Once my wife left my house without my permission and went to my uncle's house. I called her come back but she refused. Then I went to my uncle's house and asked her to come to house. During the conversation I said being my wife you can't stay here. come to the house or tell me if you want to go anywhere else and I'll take you there. But you can't stay here. I was saying all these to persuade her without the intention of ending the marriage. She still refused saying that my dad asked me to stay here. I tried to convince her more but then I said one talaq. Then I said now stay, you're so stubborn. Then I left that house and she spent the night over that house (my uncle's house). Now my question is how many talaq will be in this situation. would there be any conditional talaq because of me saying being my wife you can't stay in this wife. Please give me a clear explanation. Syed



Bismillah



Al-jawab billahi at-taufeeq (the answer with Allah's guidance)





The sentence you mentioned "being my wife you can't stay here", this is not a conditional Talaq. A conditional Talaq consist the word of 'Talaq' as the object (Mashroot) and the words if, when, whenever etc, are conditions (Shart).



Furthermore, it is mentioned in Al-Hidayah that these words (i.e. if, when etc, of Shart) are followed by verbs (that constitute condition).. Also, a condition is something with which a consequence is associated, and consequences are related to verbs. e.g. if you enter the house, you are divorced. (Al Hidayah, Chapter: Oaths in Talaq, Vol.2 Pg.273, Beirut p.)



Therefore from the situation you have mentioned, Only one Talaq will take place.





And Only Allah Ta'ala Knows Best.

Mufti
Answer last updated on:
24th February 2012
Answered by:
Ulamaa ID 04
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