Breaking an oath concerning a future action that has already occurred before the oath was taken, such as in conditional divorce.

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 2

Open in Qurani

Primary text

If a man swears that his wife is divorced if she gives a specific gift, and she had already given the gift, there is concern that the oath is broken. However, this is only the case if the phrasing implies, 'If it is the case that I have given it.' If the phrasing implies a future action, the oath is not broken until she initiates the giving after the oath, because an oath necessitates a future act to be binding, and what she did before the oath is not encompassed by it.