What is the ruling on divorce when a man says to his non-consummated wife: 'You are divorced, then divorced, then divorced, if you enter the house,' or similar conditional phrasing?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a man addresses a woman with whom he has not had consummation, saying, 'You are divorced, then divorced, then divorced, if you enter the house,' or 'If you enter the house, you are divorced, then divorced, then divorced,' or 'If you enter, you are divorced, divorced, divorced,' and she enters, only one divorce occurs, rendering her permanently separated (bainuna), and no others take effect. This is the position held by Al-Shafi'i. The basis for this is that the word 'thumma' (then) severs the first pronouncement from what follows because it implies a pause (muhla). Therefore, the first pronouncement takes effect immediately, while the second is conditional upon the requirement. Furthermore, the first pronouncement is immediately subsequent to the condition, so it is not permissible for it to occur without the condition being met, similar to cases without the conjunction 'thumma'. Also, the first divorce is made the consequence of the condition, which is followed by the letter 'fa' (then/so), which is used for consequence, meaning it cannot precede its cause, like all similar instances. Analogously, if one said, 'If Zayd enters my house, then give him a dirham,' it is not permissible to give it to him before his entry.
Supporting text
The view held by Al-Qadi is that one divorce occurs immediately, which establishes separation. This is also the opinion of Abu Hanifa in the first scenario mentioned. Furthermore, Abu Yusuf and Muhammad hold that no divorce occurs until she enters the house, at which point three divorces take effect, as entering the house is a condition for three pronouncements, taking effect simultaneously just as if he had said, 'If you enter the house, you are divorced, divorced, and divorced.'