What is the ruling when a husband says to his wife, "You are divorced one month before Zayd arrives," and Zayd arrives after a month?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

The divorce takes effect before the month, as it is an immediate pronouncement of divorce following the initial contract. This view is held by Al-Shafi'i and Zufar. The rationale is that the husband pronounced divorce contingent upon a time frame, and the condition (the time frame) having occurred validates the pronouncement within that time, analogous to saying, "You are divorced one month before Ramadan." Al-Shafi'i and Zufar consider the initial statement as an immediate act qualified by the time frame, not a condition precedent for the act itself.

Supporting text

Abu Hanifa and his companions hold that the divorce occurs upon Zayd's arrival because they view the month as a condition for the divorce to take effect, meaning the divorce cannot precede its condition.