Section
If he says, “If I swear an oath involving your divorce, then you are divorced,” and then says, “You are divorced if you stand,” she is divorced immediately. This is not so if he makes it contingent upon the rising of the sun or something similar, because that is a condition, not an oath. If he says, “If I swear an oath involving your divorce, then you are divorced,” or, “If I speak to you, then you are divorced,” and repeats it once more, she is divorced once; if he repeats it twice, then twice; and if three times, then three times.
His statement, “If he says, ‘If I swear an oath involving your divorce, then you are divorced,’ and then says, ‘You are divorced if you stand,’ she is divorced immediately; this is not so if he makes it contingent upon the rising of the sun or something similar, because that is a condition, not an oath”: If he says to her, “If I swear an oath involving your divorce, then you are divorced,” and then says, “You are divorced if you stand,” she is divorced, because his words, “You are divorced if you stand,” constitute an oath.
If he says, “If I swear an oath involving your divorce, then you are divorced,” and then says, “If the sun rises, then you are divorced,” she is not divorced, because his words, “If the sun rises, then you are divorced,” are a pure condition. Thus, she is not divorced unless the sun rises. It has already been explained that making divorce contingent upon conditions falls into three categories:
- A pure oath.
- A pure condition.
- That which may be understood as either of the two: a condition or an oath.
Thus, if he says, “If the sun rises, then my wife is divorced,” this is a pure condition; when the sun rises, she is divorced.
If he says, “If I speak to Zayd, then my wife is divorced,” this is a pure oath. She is therefore not divorced, but he must offer expiation for an oath.
If he says, “If you speak to so-and-so, then you are divorced,” then this may be