The legal effect of stating: "If I swear by divorcing you, you are divorced" followed by a conditional divorce statement.

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

If a man says to his wife, "If I swear by divorcing you, you are divorced" (Idhā ḥalaf̣tu bi-ṭalāqiki fa-anti ṭāliq), and then says, "If the sun rises, you are divorced" (Idhā ṭala'at ash-shams fa-anti ṭāliq), the wife is not divorced immediately based on the second opinion (Shafi'i), because the second condition is not an oath. However, divorce occurs immediately based on the first opinion (Hanafi/Ashabuna) because the condition is considered an oath.

Supporting text

If the condition is "Every time you speak to your father, you are divorced" (Kullamā ḳallamti abāki fa-anti ṭāliq), divorce occurs according to both views because the condition is linked to an act that can be performed or omitted, making it an oath, similar to saying, "If you enter the house, you are divorced."