What is the ruling if the husband tells his wife, 'Divorce yourself,' and she responds conditionally, such as 'I am divorced if Zayd arrives'?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 6 · Bab 2

Open in Qurani

Primary text

If the husband instructs his wife, 'Divorce yourself,' and she responds with a conditional statement, 'I am divorced if Zayd arrives,' the divorce does not occur. This is because his permission was intended for an immediate, definite divorce (munajjaz), and it does not encompass a divorce contingent upon a condition (mu'allaq 'ala shart).

Supporting text

The ruling regarding the delegation of divorce to a non-relative stranger is identical to all the rulings mentioned above concerning the wife's agency.