What is the ruling if a man with four wives stipulates: 'Whenever one of you gives birth, her co-wives are divorced'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If all four wives give birth simultaneously, they are all divorced with three pronouncements of divorce (Talaq Thalath). If they give birth sequentially, upon the first birth, a single divorce occurs for each co-wife. Upon the second birth, the second wife becomes irrevocably divorced by the act of giving birth, and no further divorce is pronounced upon her co-wives concerning that birth. The ruling on subsequent co-wives is subject to scholarly difference.
Supporting text
There are two scholarly opinions regarding the divorce of the remaining wives after the second birth. The first view holds that no divorce occurs because their status as co-wives (darair) ended when the first wife completed her waiting period (Iddah) and separated, meaning the condition for the suspension (ta'liq) of divorce was not met for them subsequently. The second view holds that a divorce occurs for each co-wife because they were co-wives at the moment of the birth. Under this second view, the remaining two wives who have not yet given birth receive two pronouncements of divorce each. Upon the third birth, the third wife separates. There is a difference of opinion regarding the divorce of the remaining wives upon the fourth birth. If divorce occurs, the fourth wife is divorced three times, the first wife twice, and the second and third wives are separated, with only the first wife retaining the possibility of revocable divorce unless her Iddah expires.