What is the ruling when a husband says, 'You are divorced if God does not will'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Divorce occurs immediately when the husband states, 'You are divorced if God does not will' (Anta taliqun in lam yasha' Allah) or 'So long as God does not will' (Ma lam yasha' Allah). This is because the condition stipulated—that her divorce occurs if God does not will it—is logically impossible (muhal). Since the condition for non-occurrence is impossible, the condition is voided, and the initial divorce pronouncement takes effect immediately.
Supporting text
A potential opinion is that divorce does not occur in this case, based on conditioning the divorce upon an impossible event, similar to saying, 'You are divorced if you combine two opposites,' or 'if I drank the water that is in the pitcher,' when the pitcher contains no water.