Is a divorce contingent upon entering a house, said with the qualification 'if God wills' (In sha' Allah), effective?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
There are two narrations from Ahmad concerning a man stating, 'You are divorced if you enter the house, if God wills.' The first narration dictates that the divorce occurs upon entering the house, and the exception ('In sha' Allah') does not benefit the speaker. This is because divorce and manumission are not considered oaths (Ayman).
Supporting text
The second narration states that the divorce does not occur. This is the position of Abu Ubaid, who considers that when divorce is conditioned, it assumes the status of an oath (Yamin) and swearing (Hulf), thus allowing the exception to be valid based on the general statement of the Prophet, peace be upon him: 'Whoever swears an oath and then says, 'If God wills,' he does not violate his oath.' This case is distinguished from when the divorce is not conditioned, as in that instance it is not an oath, and thus does not fall under the general ruling.