What is the effect of a conditional oath of divorce stated indefinitely, such as 'If I do not divorce you, you are divorced,' without specifying a time limit?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a person states, 'If I do not divorce you, you are divorced,' without specifying a time or divorcing her, the condition is interpreted as applying indefinitely (upon postponement or delay, *al-Tarākhī*). The oath is not immediately broken by delay, as the potential for fulfilling the act remains. The oath is considered broken only when the possibility of performing the act ceases, which occurs upon the death of either the husband or the wife. At that final moment when divorce can no longer be enacted, the condition is deemed broken, and the divorce takes effect. This ruling is held by Abu Hanifa and Al-Shafi'i, and there is no known disagreement among scholars on this point.
Supporting text
If the condition relates to a third party, such as, 'If I do not divorce 'Umrah, then 'Hafsa is divorced,' the divorce takes effect just before the death of the first person among the three whose death prevents the resolution of the oath (i.e., the death of the husband or 'Umrah).