If he dies, loses his mind, or becomes unable to speak before explaining what he meant, she is not divorced. If he says, “You are divorced three times, one month before Zayd’s arrival,” and Zayd arrives before that month has elapsed, she is not divorced; but if he arrives after a month and part of a month, the divorce takes effect within it. Thus, if he enters into a khul‘ divorce with her one day after the oath, and Zayd arrives after one month and two days, the khul‘ is valid and the divorce is annulled, ………………

His statement, “If he dies,” refers to the one who said, “You are divorced yesterday,” or, “You are divorced before I married you.”

His statement, “Or he loses his mind or becomes unable to speak before explaining what he meant, she is not divorced”: if he says, “You are divorced before I married you,” and then dies before explaining his intent, she is not divorced, because the basic presumption is that no divorce results from this wording.

His statement, “Or he loses his mind,” means that he loses his reason.

His statement, “Or he becomes unable to speak,” means that he can no longer speak. In the latter case, however, it may be possible to determine his intent through gestures or writing, for example, if he is able to write. But the author is referring to a case in which his intent remains unclear. The basic presumption, then, is that no divorce takes effect, in accordance with the apparent wording, since it is a divorce assigned to the past, and a divorce assigned to the past does not take effect. This is why the author says, “She is not divorced.”

His statement, “If he says, ‘You are divorced three times, one month before Zayd’s arrival,’” means that he must separate from her and refrain from marital relations with her, because the divorce is irrevocable, and we do not know when Zayd will arrive. He may arrive now, or he may arrive later. Hence the author says:

“If he arrives before it has elapsed, she is not divorced.” Accordingly, he must avoid her. For example, he says to her on the twenty-sixth of Shawwal, “You are divorced one month before Zayd’s arrival,” and Zayd arrives on the twentieth of Dhu al-Qa‘dah. She is not divorced, because it becomes clear that the divorce was on the twentieth of Shawwal.