What is the ruling if a man divorces an unconsummated wife, she marries someone else, and he then marries her again and says, 'If I speak, you are divorced'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
There is an opinion stating that both wives become divorced in this scenario because the man's statement ('If I speak...') constitutes an oath of divorce concerning the newly married wife, and simultaneously, the condition for the previously consummated wife's divorce (the third repetition mentioned previously) was met, resulting in the divorce of both.
Supporting text
The stronger opinion holds that divorce does not occur for the wife whose marriage was renewed. This is because at the time of the third repetition (which triggered the condition for the original wives), she was already irrevocably separated (ba'in), and thus the condition could not be established in relation to her, similar to if one swore divorce upon a foreign woman whom he subsequently married. However, the previously consummated wife is divorced at that point because the condition of the third oath was fulfilled for her, and the condition for the newly married wife's divorce was simultaneously fulfilled, leading to her divorce alone.