The implication of divorce contingent upon the failure to depart from a dwelling before death.

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

In the case where a man says to his wife, 'You are divorced if we do not depart from this dwelling,' if death overtakes him before the possibility of departure arises and no intention was made, the divorce remains suspended until her death. If departure was possible but he did not undertake it, the divorce takes effect at the last moment where departure was possible, provided death has not intervened. This interpretation rests on the understanding that if he departed, he could not return, which supports the necessity of fulfilling the condition within the permitted time frame.

Supporting text

The ruling that 'if he departs, he does not return' is applied to cases where the oath established a cause requiring perpetual desertion of the dwelling.