What is the ruling on a conditional divorce statement: 'You are divorced, one divorce every year'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
This statement constitutes a valid condition because the husband has the right to effect the divorce yearly. The commencement of the term begins immediately following his oath. Consequently, one divorce occurs immediately because the year is established as the condition's timeframe, causing the divorce to fall in the first part of that year. A second divorce occurs at the beginning of the second year, and a third at the beginning of the third year, provided the wife is still within his marriage (either due to not completing her waiting period, or being revocably divorced and then remarried within the first or second waiting periods). If her waiting period from the previous divorce has ended, making her completely divorced (bain), and the second year commences while she is divorced from him, no divorce occurs because she is no longer his wife.
Supporting text
If he remarries her during the second year, the majority opinion among our colleagues states that the divorce takes effect immediately upon their remarriage, as that moment falls within the second year designated as the condition's timeframe. If he does not remarry her until the third year begins, the divorce occurs immediately upon remarriage, and the third divorce occurs at the start of the fourth year. The view of Al-Qadi is that she is not divorced until the fourth year begins, and the third divorce then occurs at the beginning of the fifth year.