What is the ruling when the divorce is conditioned upon the will of two parties?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the divorce is suspended upon the will of two individuals, it does not take effect until the will of both parties has been established. This position aligns with the general opinion held by scholars, including Ahmad, Shafi'i, Ishaq, Abu Thawr, and the Ashab al-Ra'y (Hanafi scholars). Ibn al-Mundhir reported consensus among scholars whose views are known that if the wife responds by stating, 'I have willed it if so-and-so wills,' the matter is reverted, and the divorce is not effective unless the second party also wills it.
Supporting text
Al-Qadi holds a view that the divorce takes effect upon the will of either one of the two parties, analogous to breaking an oath by fulfilling part of what was sworn upon; however, this opinion is rejected as unsound.