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)

Book 32 · Issue 6 · Bab 5

Open in Qurani

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.'