What is the ruling concerning conditional divorce tied to giving a gift, guarantee, or transfer of ownership?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The conditional divorce tied to the condition of giving a gift, guarantee, or transfer of ownership is binding upon the husband with an inevitability that cannot be avoided, as these typically follow the ruling of a pure condition. The divorce occurs upon the fulfillment of the condition, whether the gift was stipulated to be immediate or deferred.
Supporting text
Regarding the timing of fulfillment: If the husband says, 'Whenever you give me,' or 'Any time you give me a thousand, you are divorced,' the ruling is deferred (*tarakhi*). If he says, 'If you give me,' or 'When you give me a thousand, you are divorced,' the ruling is immediate (*fawr*). If she responds to his statement, the divorce occurs, but if the giving is delayed, the divorce does not occur because the acceptance of reciprocal transactions is generally immediate unless explicitly stated otherwise. However, the foundational position is that since he conditioned divorce upon the act of giving, it should be deferred, like all other conditional statements. Furthermore, the structure of the conditional phrasing implies deferral, especially when it is empty of a pecuniary consideration. The argument is that the meaning of the utterance does not change based on the presence or absence of a price; therefore, just as it is deferred when no price is mentioned, it should be deferred here. This type of reciprocal transaction is treated differently from other exchanges because of its permissibility to be conditioned upon stipulations.