The ruling when a writer pauses after initiating divorce phrasing in writing (istimdad/seeking continuation).

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the pause (istimdad) after initiating the divorce phrasing is due to necessity or habit, the divorce does not take effect before the condition is met. This is analogous to a situation where one says, 'You are divorced,' and then pauses because of a physical necessity (like catching one's breath) and subsequently introduces a condition; the writing is considered primary in this context.

Supporting text

If the pause (istimdad) is not for necessity or habit, the divorce takes effect immediately, similar to when one remains silent after saying 'You are divorced' without excuse before mentioning a condition.