whose ruling is that of an oath—when it is intended as a means of prevention—is even more appropriate. This is analogy in which there is no relevant distinction; hence, it is clear analogy, for clear analogy is that whose effective cause has been explicitly stated, established by consensus, or conclusively shown to admit no relevant distinction.

Issue: If a man makes his wife’s divorce contingent upon a condition, may he revoke it before the condition occurs, or may he not? For example, he says to his wife, “If you go to your family’s house, you are divorced,” intending divorce rather than an oath; then he changes his mind and wishes to withdraw this. May he withdraw it or not?

The majority say that he cannot withdraw it, because he has uttered the divorce subject to this condition, so it becomes binding, just as if he had pronounced an immediate divorce.

Shaykh al-Islam says: This is his right, so if he waives it, there is no harm in that. A man may come to think that his wife’s going to her family will corrupt her relationship with him, and so he says to her, “If you go to your family, you are divorced,” then later changes his mind and waives this.

However, if he makes it contingent upon a condition on the basis of a reason that later proves not to exist, is the condition still considered, or is it void? For example, if he says to his wife, “If you go to your family, you are divorced,” because he thinks that her family have installed a satellite dish and are absorbed in watching it, and he fears for his wife and therefore says this, but it later becomes clear that her family have not installed one—will she be divorced if she goes to them? She will not be divorced, because he said this on the basis of a reason that proved not to exist; thus, there is no harm in her going.

IT IS VALID ONLY FROM A HUSBAND

His statement, “It is valid only from a husband”: Making divorce contingent is valid only from a husband, because one who is not a husband does not possess the right to initiate divorce, and therefore does not possess the right to make it contingent.