What is the legal consequence if a man attaches divorce to a condition contingent upon his wife's will or action?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a man states to his wife, 'You are divorced if you wish' (Anti taliqu in shi'ti) or 'if you stand up' (in qumti), and she then exercises her will (wishes it) or stands up, the oath-taker has broken his oath (hanith). This is without dispute because the divorce originates from him, and her action or will merely actualizes the stipulated condition.