What is the ruling if a husband says, 'Every time I cause a divorce to be effective upon you, you are divorced'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'Every time I cause a divorce to be effective upon you, you are divorced' (kullama awqa'tu alayki talaqan fa anti taliqu), it is equivalent to saying, 'Every time I divorce you, you are divorced.' If a divorce subsequently occurs upon her through the condition previously established, she is divorced. This ruling is supported by the general principle that if he stipulated a condition (the occurrence of a divorce) and the condition is met, the divorce stipulated by the condition takes effect, aligning with the statement 'If I divorce you, you are divorced.'
Supporting text
Al-Qadi mentioned a view, held by some Shafi'i scholars, that if a divorce occurs upon her through the condition of the established contract after this statement, she is not divorced because it was not an active pronouncement ('iq'a) by him. However, this is subject to scrutiny because he established the divorce conditionally, making the fulfillment of the condition the effective cause.