What is the legal outcome when a husband conditionally divorces two wives (Hafsa and Umra) through reciprocal conditions, and then initiates the condition on one wife?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the husband states, "If Hafsa is divorced, Umra is divorced," and then states, "If Umra is divorced, Hafsa is divorced," and subsequently divorces Hafsa, both wives are divorced simultaneously. Hafsa is divorced by direct pronouncement, and Umra is divorced by condition. Neither wife incurs more than a single divorce. This is because the divorce of Hafsa is by direct action, and the divorce of Umra is by the prior condition set upon Hafsa's divorce.
Supporting text
If the husband initiates the divorce by pronouncing the condition on Umra first (i.e., divorcing Umra), then Umra receives one divorce by the direct pronouncement, and Hafsa receives one divorce due to the prior condition being met. The initial statement regarding Hafsa's divorce is fulfilled by the condition, but no further divorce is applied to Hafsa because the second statement's condition (divorcing Umra) was not triggered to apply a new divorce to Hafsa, only the pre-existing condition of Hafsa's divorce upon Umra's divorce was met in the first scenario.