Chapter

If he makes it conditional upon her choice—using “if” or any other conditional particle—she is not divorced until she chooses, even if she delays. If she says, “I have chosen, if you choose,” and he then chooses, she is not divorced. If he says, “If you choose and your father—or Zayd—chooses,” it does not take effect until they both choose together; if only one of them chooses, then it does not. “You are divorced,” or, “My slave is emancipated,” if Allah wills: both take effect. .............................

His statement: “If he makes it conditional upon her choice—using ‘if’ or any other conditional particle—she is not divorced until she chooses, even if she delays.” If he says to her, “You are divorced if you choose,” and she does not choose until some time later, we say: whenever she chooses, she effects her own divorce. Rather, whenever she chooses, she is divorced, even if she does not utter the word divorce, because he made it contingent upon her choice.

In reality, there is nothing wrong with this; we do not say that it is unlawful, but it is contrary to what is preferable. For if he makes it conditional upon her choice, then should a woman become angry with her husband over the slightest matter, she will say, “I divorce you three times.” This is generally what is known to happen. Therefore, one should not make divorce—one of the gravest of matters—conditional upon the choice of a woman deficient in reason and religion. However, if you see a reason that calls for making it conditional upon her choice—for example, if you see her weary and discontented with life with you—you may say to her, “You are not being compelled; whenever you wish, divorce yourself.” In such a case, we may say that there is a valid purpose.

His statement: “If she says, ‘I have chosen, if you choose,’ and he then chooses, she is not divorced.” This is because he made it conditional upon her own choice, so she cannot make it dependent on his choice. Thus, the condition remains suspended as it was.

His statement: “If he says, ‘If you choose and your father, or Zayd, chooses,’ it does not take effect until they both choose together; if only one of them chooses, then it does not.” That is, he says, “Would you like me to divorce you?” She replies, “Yes.” He then says, “If you and your father choose, then you are divorced.” So she chooses