What is the ruling on a conditional divorce statement made by a husband dependent on his wife speaking first?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband states to his wife, 'If I initiate speech with you, you are divorced,' and the wife responds with, 'If I initiate speech with you, my slave is free,' the husband's oath is nullified. This occurs because the wife's statement constituted initiating speech, thereby preventing the husband from fulfilling the condition that would have resulted in divorce. Consequently, the wife's oath remains suspended. If the husband initiates speech thereafter, the wife's oath is dissolved (resulting in the freedom of the slave). This is the position stated by our companions.
Supporting text
It is plausible that if the husband initiates speech at a different time, the initial condition is fulfilled, leading to a breach of the oath (hanith), as this constitutes a beginning unless the husband specifically intended the restriction to apply only to that specific time or sitting.