What is the ruling when a man makes a conditional statement regarding his wives and slaves based on an unknown event (whether a certain bird, al-ghurab, appeared)?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a man states, "If it was al-ghurab, then my wives are divorced, and if it was not al-ghurab, then my slaves are free," and the status of the bird is unknown, disposition of both the wives (marriage contract) and slaves (ownership) is suspended until the truth is established. During this suspension, the man is obligated to provide maintenance (*nafaqah*) for everyone involved (wives and slaves).

Supporting text

If he later states it *was* al-ghurab, his wives become divorced and his slaves become freed. If the slaves then claim it was *not* al-ghurab so they can be freed, the husband's statement is accepted as true, though there are two differing scholarly opinions regarding whether he must swear an oath to support this claim.