Does divorce take effect if the husband, who suspended it upon his will, is mute and signals his will?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the one who suspended the divorce upon his will becomes mute and indicates his wish through a gesture, there are two possible rulings regarding its effect. These rulings depend on whether the divorce is considered effective through his gesture when conditioned upon his will.