What is the ruling regarding a conditional divorce contingent upon abstaining from intercourse during Ramadan, which is then avoided through travel?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a man tells his wife, 'You are divorced if I do not have sexual intercourse with you during Ramadan,' and subsequently travels a distance of three or four days' journey and then has intercourse with her, the preferred view is that this does not dissolve the oath or effect the divorce because travel constitutes a permissible means to nullify the condition. The journey is a long, permissible journey undertaken with a sound intention, and seeking to resolve one's oath is considered a sound intention. This is analogous to permitting someone who has two routes, one short (where shortening prayer is not allowed) and one long (where shortening prayer is allowed), to take the long route to utilize the concession, even if the sole intention is seeking dispensation.
Supporting text
Imam Ahmad disliked this action, deeming it a stratagem (hila), as he dislikes stratagems in matters related to divorce and oaths. This dislike stems from the view that the travel made permissible for breaking the fast must be a journey intended for a recognized purpose, not merely to dissolve an oath.