What is the ruling when a husband uses divorce as a conditional statement in place of an oath, such as saying, 'You are divorced if I surely stand up'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the husband stands up, his wife is not divorced. If he fails to stand up within the specified time, the divorce takes effect. This is the opinion of the majority of scholars, including Sa'id ibn al-Musayyib, Al-Hasan, 'Ata, Al-Zuhri, Sa'id ibn Jubayr, Al-Sha'bi, Al-Thawri, and the Companions of Al-Ra'y. The legal basis for this is that he used divorce in the manner of an oath (Huluf), and thus he only incurs the consequence (Hanith) upon breaking the condition, analogous to swearing by God.
Supporting text
Shurayh stated that divorce occurs even if he stands up, because the statement was a divorce not suspended by a condition, and thus it takes effect immediately, as if he had not stood up.