What is the ruling when a husband says, 'If I am pregnant, you are divorced,' in contrast to the preceding situation?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The rulings are reversed from the previous case: where divorce occurred, it does not occur here, and where it did not occur, it occurs here. However, if a child is born more than six months after the husband's intercourse following the oath, and less than four years from the time the condition was established, divorce does not occur because the certainty of the marriage remains, and the child is presumed to result from the subsequent intercourse since a prior pregnancy is presumed absent.
Supporting text
The husband is forbidden from intercourse until she undergoes 'istibra' (seeking a period of abstinence to ascertain purity of the womb).