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

Book 39 · Issue 4 · Bab 2

Open in Qurani

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.