What is the ruling if a man says: 'If your pregnancy is a male, you are divorced once, and if your pregnancy is a female, you are divorced twice,' and she gives birth to both a male and a female?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If she gives birth to a male and a female, no divorce occurs because her entire pregnancy is neither exclusively male nor exclusively female. This opinion is held by Al-Qadi in Al-Mujarrad, Abu Al-Khattab, Al-Shafi'i, Abu Thawr, and the Ashab Al-Ra'y (the scholars of opinion).
Supporting text
Al-Qadi, in Al-Jam', mentioned two views regarding the occurrence of the divorce, based on the two narrations concerning one who swore an oath, 'I will not wear a garment made from her spun thread,' yet wore a garment containing some of her spun thread.