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Divorce query: “If I marry any another woman, then one talaq baain to her (Sr. A).”

Fatwaa ID: 1858

Question:
Bismillah
Assalamualaykum

Dear muftian kiram

A musallee is asking:

In a rage of anger, wife (Sr. A) forced her husband that he must write:
“If I marry any another woman, then one talaq baain to her (Sr. A).”

The husband did write that statement due to fear of his wife.

If this husband does eventually marry another woman, would talaq occur on first wife? If yes, which type of talaq?

Ajeeboo wa tujaroo.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. We presume that the “fear” was not of imprisonment or genuine life threatening physical abuse. If it was, you may clarify the details and we will advise accordingly. In the enquired situation, if the husband marries another woman, then one talaaq baain will take place upon the first wife.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

04/11/1445 AH – 10/26/2023 CE | 676

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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