When is the conditional divorce due to the wife's will considered effective concerning time?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The divorce takes effect upon the expression of will by the tongue, whether immediately or after a delay. This is because the statement suspends the divorce upon a condition, which generally implies a deferred effect, like all other suspensions. Furthermore, the cancellation of ownership (divorce) suspended upon will should be deferred, similar to manumission (manumission suspended on will). This differs from 'choose' (ikhtiyari), which is a delegation and thus restricted to the session, like the option of the session.
Supporting text
The companions of Abu Hanifa hold that for the particle 'if' (in 'if you wish'), it is immediate, but for other conditional particles, it is deferred, consistent with the primary ruling, because the other particles explicitly suggest delay, unlike 'if' which only implies conditionality and is qualified by immediacy due to the delegation aspect.