What is the ruling when a husband says to his wife, 'You are divorced if you wish,' or similar conditional phrases regarding her will?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Divorce does not take effect until the wife expresses her will verbally, by saying, 'I have wished.' This is because what is in the heart is not known until the tongue expresses it; therefore, the ruling is tied to the utterance, not the intention of the heart. If she wills in her heart without speaking, no divorce occurs. If she says, 'I have wished,' while being averse in her heart, the divorce takes effect based on the verbal expression. This applies whether the will is immediate or deferred. Ahmad based this ruling on the case of suspending divorce upon the will of another person, or when the husband said, 'You are divorced where you wish,' or similar phrasing. Al-Zuhri and Qatadah share this view.
Supporting text
Abu Hanifa, differing from his two companions, holds that if the husband says, 'You are divorced however you wish,' a revocable divorce occurs immediately, viewing it not as a condition but as a description of the divorce happening upon her will. Al-Shafi'i ruled that if she wills immediately, divorce occurs, otherwise not, considering it an immediate delegation of divorce, similar to the word 'choose' (ikhtiyari). Al-Hasan and 'Ata' limited this option to the duration of their sitting together (majlis).