Section: Miscellaneous Issues1
If he says, “Should you leave without my2 permission you are divorced,” and then gives her permission—whether she is unaware of it or knows and goes out—after which she goes out a second time without his leave, the divorce takes effect, unless he has granted her blanket permission to go out whenever she wishes.
If he says, “Should you leave without So-and-so’s permission you are divorced,” and So-and-so3 dies and she subsequently leaves, no divorce occurs.
If he says, “Should you leave for anything other than the bathhouse you are divorced,” and she sets out intending the bathhouse but then changes her mind and heads elsewhere, the divorce is effected.
If he declares, “My wife is divorced,” or “My slave is free—if Allah wills,” or “unless Allah wills,” the appeal to Allah’s will is of no benefit; the divorce or manumission takes immediate effect.
If he says, “Provided So-and-so wills it,” this is a genuine suspension, and the divorce does not take place unless that person wills it.4 But if he says, “Unless So-and-so wills it,” the matter remains in abeyance; should that person refuse, become insane, or die, the divorce then becomes effective.
“You are divorced if you sight the new moon with your own eyes.” If she does see it on the first, second, or third night, the divorce takes effect; any sighting after that does not trigger the divorce.