What is the ruling on divorce if the husband states, 'You are divorced if you like God to punish you with the Fire,' and the wife replies, 'I like that'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Regarding the condition, 'If you like that God punishes you with the Fire, then you are divorced,' and her reply, 'I like that,' there are two possibilities. The first, supported by Abu Thawr, is that the divorce does not occur. This is because affection resides in the heart, and no one genuinely loves to be punished by the Fire. Her report of liking it is a known falsehood, thus unfit to serve as evidence for her inner state.
Supporting text
The second possibility, supported by the Ashab al-Ra'y (the Companions of Opinion), is that the divorce does occur. This is because the internal state cannot be known except through her speech. Therefore, the condition is tied to her utterance, regardless of whether she is truthful or lying, similar to the condition of will (Mashia). There is no distinction between saying, 'If you like that,' and 'If you like it in your heart,' because affection inherently pertains to the heart.