What is the ruling if a man states a conditional divorce based on an uncertain event, and the condition is not known to have occurred or failed?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband states, "If this bird is a crow (*ghurab*), then this wife is divorced; but if it is not a crow, then that other wife is divorced," and the bird flies away without the condition being known, then one of the two wives has been divorced. He is prohibited from conjugal relations with both until the divorced one is identified, and he is obligated to provide maintenance (*nafaqah*) for both until that time. The sound opinion, held by the majority of scholars, is that lot-drawing (*qur'ah*) is not applicable in this situation, and the prohibition remains until certainty is established.
Supporting text
Some of our companions (Ashabuna) held that lot-drawing should be used between the two wives to determine the one who is divorced, similar to the ruling regarding slaves. If the husband later specifies, saying, "This one is the one for whom I incurred the oath (divorce/oath) that causes prohibition," his statement is accepted regarding the other wife's permissibility. If the wife whom he did not acknowledge divorcing claims to be the divorced one, her statement is rejected as she is the claimant against the established status.