What is the ruling on a conditional divorce if a wife leaves the house for a destination other than the bathhouse, based on the husband's statement: 'If you leave for other than the bathhouse, you are divorced'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a wife leaves for a destination other than the bathhouse after the husband stipulates divorce upon leaving for any place other than the bathhouse, divorce occurs. This is established whether she intended to return to the bathhouse or not. The ruling is based on the apparent meaning of the oath prohibiting departure to any place other than the bathhouse, leading to excommunication (hanith) upon violating this condition, similar to contradicting the literal wording.
Supporting text
There is an alternative view, attributed to Al-Shafi'i, suggesting that divorce does not occur if she goes to the bathhouse first and then deviates elsewhere, because what she swore against, which the wording covers, was not done as the initial act.