What is the ruling if a person says to their spouse, 'The first of you who stands up is divorced,' and all stand simultaneously?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the spouse says, 'The first of you who stands up is divorced' (or similar phrasing for emancipation of slaves), and all parties stand up simultaneously, neither divorce nor emancipation occurs because there is no individual who is first among them. The ruling remains suspended until clarity emerges regarding subsequent actions. If only one person stands and no one follows, two views exist: one holds that divorce/emancipation takes effect because that person is preceding all subsequent non-action; the other holds that it does not take effect because the condition requires that the first person must not be followed by anyone, which was not fulfilled. If two or three stand up together, and then another stands afterward, the divorce or emancipation takes effect based on the group that stood initially, as the term 'first' applies to both singular and plural occurrences. This is supported by the Quranic reference: 'And be not the first one to disbelieve therein' (Quran 2:41), where 'first' addresses the collective action.
Supporting text
If the intent was for a singular person to precede others, such as in the case of a master saying, 'The first of my slaves who enters is free,' and two slaves enter simultaneously, followed by a third, no one is emancipated. This interpretation suggests that the condition necessitates a solitary 'first' entry, which was not met by the initial pair.