Section
If he says, “Should you go out without my permission,” or “unless it is with my permission,” or “not until I authorize you,” or “If you leave for any place other than the bathhouse without my permission, you are divorced,” and she once leaves with his permission and then leaves again without it; or he had in fact granted her permission but she did not know of it; or she set out intending both the bathhouse and something else,¹ or she diverted from the bathhouse to somewhere else,² a divorce is incurred in every one of these cases. This ruling does not apply, however, if he had said, “with my permission whenever you wish,” or he said, “except with the permission of Zayd,” and Zayd then died and she subsequently went out.
Section
If he suspends the divorce upon her own volition—by in (if) or any other conditional particle—the divorce does not take effect until she wills it, even if she delays. Should she say, “I will it, if you will,” and he then wills, no divorce occurs. If he says, “If you will and your father (or Zayd) wills,” it does not take effect until both of them will together;³ if only one of them wills, nothing happens. When he says, “You are divorced, God willing,” or “My slave is free, God willing,” both take immediate effect. Likewise, if he states, “If you enter the house you are divorced, God willing,” she is divorced upon entering. And if he says, “You are divorced for the pleasure of Zayd or by his volition,”⁴ the divorce is effective at once. If he later claims, “I intended it merely as a prior condition,” his claim is accepted for legal purposes. If he declares, “You are divorced if I see the new moon,” and he intended that she see it,⁵ she is not divorced until she herself sees it.