What is the ruling if a man says to one wife: 'If you swear by divorcing you, your co-wife is 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

Book 39 · Issue 6 · Bab 2

Open in Qurani

Primary text

Neither wife is divorced. In both instances, the divorce of the second wife is suspended contingent upon an oath concerning the divorce of the first wife, yet the man never actually swore by the divorce of the first wife.

Supporting text

If he repeats these declarations to both wives, no divorce takes effect on either wife, regardless of whether the statement to the second wife preceded or followed the statement to the first wife.