What is the ruling when the divorce condition is the husband refraining from an action established during health?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the husband said while healthy, 'You are divorced if I do not strike my slave,' and he died without striking the slave, she inherits. If she died, he does not inherit from her. If the slave died while the husband was ill, the divorce takes effect, and it is treated like conditioning the divorce upon the arrival of Zayd.
Supporting text
The same ruling applies if he said, 'If I do not pay your Mahr, you are divorced.'