What is the legal implication of a conditional divorce statement like 'You are divorced if you wish' or 'if you like'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
There are two interpretations regarding the conditionality of divorce statements such as 'You are divorced if you like' (In ahbabti), 'if you intend' (In aradti), or 'if you dislike' (In karihti). One view holds that the divorce becomes effective upon the wife's utterance expressing agreement, such as saying, 'I like it,' 'I intended it,' or 'I disliked it.' This is because these meanings reside in the heart, and only her speech can reveal them, making her utterance equivalent to the expression of will (Mashia).
Supporting text
The alternative view is that the ruling is contingent upon the actual inner state of the heart, and the tongue serves merely as evidence. Under this second view, if the husband affirms the existence of that feeling, the divorce occurs even without the wife uttering it. Furthermore, if the wife states, 'I like that,' and later claims she was lying, the divorce is not established.