4. CONDITIONAL EXPRESSIONS THAT EFFECT DIVORCE
It is permissible to make the efficacy of a divorce conditional. If the husband makes the divorce conditional on something, and the event occurs, then the wife is divorced. If he says, “If your monthly period begins, you are divorced,” then she is divorced when her menstrual flow appears.
If the husband says, “If you leave the house without my permission, you are divorced,” then gives her permission to go out, and she does but then goes out a second time without permission, she is not divorced.
If he says, “Anytime you go out without my permission you are divorced,” then if she leaves at any time without permission, she is divorced.
When a husband makes a divorce conditional on one of his own acts but then does the act not remembering. that he made it a condition, or does the act because he is forced to, the wife is not divorced.
When the husband makes a divorce conditional on another person’s act, such as by saying, “If So-and-so enters the house, you are divorced,” and the person enters before or after he knows it is a condition, whether remembering it or not, then if the person named is not someone who would mind if they were divorced (meaning it is no problem for him if it happens, and he would not be saddened if it did, because of lack of friendship for them), then the wife is divorced. But if the person knows it is a condition and enters forgetfully, then if he is someone who would mind if they were divorced, the wife is not divorced.
If the husband, tells his wife, “If you enter that house, you are divorced,” and she is subsequently divorced from him with a finalized divorce, after which he remarries her, and she then enters the house, then she is not divorced.
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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