of divorce when the exception is applied to the act; there are two views. Upon examination, the sounder view is that it is valid if the exception is applied to the act rather than to the divorce itself. For when the exception is applied to the act, he has kept his oath and no divorce occurs: he has made divorce contingent on an impossible conditionโhis performing the act when Allah does not will him to perform it. This is impossible except according to the doctrine of the Qadariyyah, the Magians of this community. Thus, Ibn al-Qฤsimโs statement that the exception does not avail him even if he applies it to the act has grave implications.
If he intended to apply it neither to the act nor to the divorce itself, I know of no explicit transmitted ruling on the matter. In my judgment, sound reasoning requires that it be understood as applying to the act, provided he intended thereby to release himself from the oath and did not merely utter it out of habit without intending an exception. Applying it to the divorce itself is meaningless, just as it would be if someone swore by Allah and made an exception, applying that exception to the name of Allah Most High, by whom he swore. Applying the exception to the act concerning which the oath was sworn, however, has a clear and valid meaning, as we have explained. Where no specific intention exists, interpreting a statement in a way that gives it a coherent meaning is preferable to interpreting it in a way that leaves it without coherence or meaning.
When we say that an exception contingent on Allahโs will is not valid in a direct pronouncement of divorce, we mean only that it does not prevent the divorce from taking effect. For if a man says, โMy wife is divorced, if Allah wills,โ we know that Allah has willed it: he cannot divorce his wife by saying, โMy wife is divorced,โ except by Allahโs will. The divorce must therefore take effect, just as it would if he said, โMy wife is divorced, if Allah knows of my divorcing her.โ For when he divorces his wife by saying, โMy wife is divorced,โ Allah has willed her divorce and knows of it.
The claim that the divorce takes effect because Allahโs will cannot be known is reprehensible. Allahโs will is known through the occurrence of the act, since no act of a created being can occur without the will of Allah Most High. Allah, exalted is He, knows best. Success comes through Allah alone, and He guides to the straightest path.