What is the ruling on conditional divorce when the condition involves two women menstruating?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a man tells his two wives, "If you both menstruate, you are both divorced," the divorce does not take place upon either one unless both of them experience menstruation together. This differs from an oath sworn by Allah (Exalted is He), where violation occurs by performing part of what was sworn against.
Supporting text
Some of our associates equate this type of conditional statement with the oath in terms of requiring the fulfillment of all parts for the violation (hanth) to occur, based on the intent of the oath being the prohibition of the entire action, thus making partial performance equivalent to full violation.