If a conditional divorce is stated to one wife, and the husband then states to the other, 'I have included you with her,' does this constitute a conditional divorce for the second wife?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a man states to one wife, 'If I have intercourse with you, you are divorced,' and then says to the second wife, 'I have included you with her,' while intending it, the divorce for the second wife becomes suspended upon her intercourse as well. This is because divorce can be established through implication (kinaya). If this implication is deemed an oath of non-cohabitation concerning the first wife, it becomes an oath of non-cohabitation concerning the second because she assumes the same legal status as the first. If it is not considered an oath of non-cohabitation for the first, then it is not an oath of non-cohabitation for either wife.