What happens to the conditional divorce if the person whose will is stipulated dies or becomes insane?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the one possessing the will dies or goes insane, the divorce does not occur because the condition for the divorce has not been fulfilled. This is analogous to a divorce suspended on the condition 'if you enter the house,' where the person is insane; no divorce occurs because their speech has no legal weight. Similarly, if the person wills while drunk, the sound opinion is that divorce does not occur because they are temporarily deprived of intellect, similar to an insane person.
Supporting text
A narration attributed to Abu Bakr suggests that divorce occurs, but this is deemed incorrect. The companions of our school hold that the ruling follows the two established narrations concerning the drunkard's divorce, arguing that imposing the divorce serves as a strict measure against him so that sin does not lead to leniency. However, here the divorce occurs by another's action, so it should not be valid while he is mentally incapacitated.