What is the ruling on a conditional divorce statement made by a man to his wife during health, specifying divorce upon illness?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When a man states to his wife while healthy, 'If I become ill, then you are divorced,' the ruling is identical to a divorce occurring during illness. This position is held by Malik and Abu Hanifa. The evidence used is that this statement involves an admission that invalidates the right of another party (the wife's marital bond), and thus it is not accepted, analogous to an admission concerning her property rights.
Supporting text
Al-Shafi'i, may God have mercy on him, holds that the husband's admission of such a divorce is accepted.