Is the phrase 'If Allah wills' a valid exception (*Istithna'*) to divorce and manumission?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The statement made by Ibn Umar and Abu Sa'id, who said that the Companions of the Messenger of Allah, peace be upon him, considered making an exception valid in everything except manumission and divorce, is cited as evidence implying consensus (*Iqra'*). Even if this is taken as the opinion of some and it became widespread without known opposition, it constitutes consensus. Furthermore, an exception that seeks to remove the entire effect of the divorce is invalid, analogous to saying, 'You are divorced by three, except three.' Additionally, suspending a ruling upon the Divine Will does not invalidate the divorce, unlike suspending it upon something one cannot know the outcome of, which should lead to the divorce taking effect immediately, as the Will of Allah for the divorce is established through the human action.
Supporting text
Some scholars argue that since divorce and manumission are declarations (*Insha'*) and not true oaths, the established ruling concerning exceptions in oaths does not apply. They also argue that if the Divine Will is unknown, the statement is akin to suspension upon an impossible event, rendering it void and causing the divorce to occur immediately.