What is the ruling on divorce conditioned upon a stipulation made by the wife or her guardian in the marriage contract – whether written or verbal – such as, "If you marry another, she is divorced," or "If you take her out of her hometown, she is divorced"? If the woman later waives this condition, is the contingent divorce thereby annulled? And if the divorce automatically occurs upon the fulfillment of the contingency, is it a single, irrevocable divorce or a revocable one? And does the condition remain or fall if the husband takes her back?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If the husband stipulates in the marriage contract that he will divorce his wife upon marrying another, this condition is binding on the wife and she does not have the right to waive it. If he marries another, a divorce occurs, and it is a single revocable divorce unless three divorces are specified. If he takes her back after the divorce, or enters into a new marriage contract with her, the condition becomes void, unless the condition explicitly implies repetition, such as by using the word "whenever."
Summarized from the full answer at Ftawy · imported
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