What is the ruling when a man says to his first wife: 'If you swear by divorcing your co-wife, you are divorced,' and then says to the second wife: 'If you swear by divorcing your co-wife, you are divorced'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The first wife is divorced because his statement to the second wife, which includes an oath conditional on the divorce of the first wife, fulfills the condition for the divorce of the first wife. Subsequently, if he repeats the condition to the first wife, the second wife is divorced, and this pattern continues such that every time he directs the condition to one wife, the other is divorced. If the man repeats the condition to the first wife, the second wife is divorced.
Supporting text
If one of the wives is not yet consummated or if she has fewer than three divorces remaining, once she is irrevocably separated, she becomes like a non-wife (stranger), and repeating the condition to her does not result in the divorce of her co-wife because the condition for divorce is no longer applicable to her.