What is the ruling when the condition for the three divorces contradicts the timing of the direct divorce?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

When the utterance specifies that the conditional divorce (three times) occurs before the actualization of the condition (the first divorce), the direct divorce takes effect, while the subsequent conditional pronouncements are nullified. This is because the conditional aspect is a description attached to the divorce which is impossible to fulfill as described—since the condition must precede the consequence, and stipulating the consequence before the condition is impossible. Therefore, the impossible description is voided, and the initial divorce, being a valid statement from a competent person regarding a valid marriage, must take effect. This is analogous to stating: 'If I divorce you, you are divorced three times, but these three are not binding'—the binding clause is voided, and the divorce stands.

Supporting text

The argument for voiding only the conditional part without affecting the direct divorce is strong because the conditional part is secondary, dependent on the initial event. Invalidating the dependent clause because its specific manifestation is impossible does not necessitate invalidating the principal clause (the direct divorce), just as in cases of legacy where an impossible combined bequest is separated so that the possible part takes effect.