If divorce is suspended on two conditions, when does it take effect?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 13 · Bab 2

Open in Qurani

Primary text

Divorce does not take effect until both conditions are met, according to the majority of scholars. This is because the ruling tied to two conditions cannot be established without the fulfillment of both, linguistically, customarily, and legally. This is analogous to cases where two distinct conditions are set, such as requiring a full menstrual cycle or the setting of the sun on a day of fasting for a specific outcome.

Supporting text

The view that divorce occurs upon fulfilling only one condition is considered very remote, contradicting linguistic principles, custom, and the position of the majority of scholars. This view would imply that if the condition was 'If you give me two dirhams, you are divorced, and if two months pass, you are divorced,' divorce would occur upon receiving one dirham and one day passing.