What is the ruling on saying, 'You are divorced today if tomorrow comes'?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

The ruling is that the divorce occurs immediately upon utterance. This is because the statement conditions the divorce upon an impossible condition, thus nullifying the condition and causing the divorce to take effect immediately. This is analogous to a man telling his wife, whom he cannot divorce by the Sunnah method, 'You are divorced by the Sunnah.' The justification for immediate effect is the impossibility of the condition being met in a manner that maintains the temporal context of the utterance.

Supporting text

The opinion held by the companions of Imam Al-Shafi'i dictates that the divorce does not occur. This is because the condition stipulated—that the divorce happens today upon the arrival of tomorrow—is inherently unmet, as tomorrow only arrives after today has passed, thereby eliminating the time frame for the divorce's intended effect.