Ta'leeq-ut-Talaaq

Ta'leeq-ut-Talaaq means making Talaaq conditional to a certain matter. For example, a man says to his wife: 

"If you speak to such and such person, you are divorced once."

This way of making Talaaq conditional is called Ta'leeq-ut-Talaaq. If ever this woman speaks to that person, a Talaaq occurs. Similarly, if the husband has made two or three Talaaq conditional, that number of Talaaq will occur. If by misfortune he has made three Talaaq conditional to a matter and that occurred, all three Talaaq will be binding.

According to a narration found in Saheeh Bukhari, Hazrat Nafi’ had asked regarding a person who gave his wife one irrevocable Talaaq and he has made that Talaaq conditional to this woman going out of the house. Upon this, Hazrat Abdullah Bin Umar (Radiyallahu Anhu) said:

"The wife will definitely be separated from her husband if she goes out. And if she does not go out, nothing will be binding."

According to an extremely isolated opinion, this way of giving Talaaq is not valid. But according to Allaamah Abul Hassan As-Subki (Rahmatullahi Alayh), according to the consensus of the Sahabah-e-Kiraam (Radiyallahu Anhum), the Taabi'een, the Tabi Taabi'een, the seven Fuqaha (jurists) of Madinah and the Ulama of all times in general, this Talaaq is valid and it is binding if ever the condition is fulfilled. The opinion that says that it does not count is an opinion that does not deserve any consideration because it is in flagrant conflict with Ijma (consensus) of the Sahabah-e-Kiraam (Radiyallahu Anhum) and the Taabi'een.

[English version of "Ta'leeq-ut-Talaaq" – Al Jamiat – Vol.3 No.14]