What is the ruling regarding the pronouncement of divorce using the word 'ill' (maridha) in the accusative or nominative case?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband says to his wife, 'You are divorced, ill' (ant taliqu mariidhatan) in the accusative (mansub) or nominative (marfu') case, and he intends to describe her condition of illness at that very moment, the divorce takes effect immediately. If he intends the meaning, 'You are divorced during your illness' (ant taliqu fi hal maradik), the divorce does not occur until she actually becomes ill, because 'illness' here functions as a circumstantial adverb (hal), which is grammatically منصوب (accusative). If the word is accusative and unrestricted (mutlaq), it refers to the current state (hal) because 'mariidhatan' (ill) is an indefinite noun following a complete statement, thus acting as a circumstantial modifier (hal) of the definite pronoun 'you' (ant). If the word is in the nominative case, the divorce takes effect immediately, functioning as an adjective for the predicate 'divorced' (taliq).
Supporting text
If the word is in the jussive form (sakana), two interpretations exist: first, the divorce occurs immediately because the statement 'You are divorced' necessitates immediate effect, meaning certainty of the cause remains while doubt surrounds any potential impediment, thus the certain ruling should not be abandoned due to doubt. Second, the divorce only occurs upon her falling ill because mentioning illness in the context of divorce indicates suspension (ta'liq) contingent upon that state.