He—may Allah Most High have mercy on him—was asked about a man who made the following statement concerning his pregnant wife:
“If my wife gives birth to a girl, she is divorced.”
Then, before she gave birth, an exchange took place between them, and he pronounced a single divorce. Afterwards, she gave birth to a girl. Does the conditional divorce take effect or not?
He replied:
If he had separated from her irrevocably through that divorce—either because it was in return for compensation or because he left her until her waiting period expired—then scholars have two well-known opinions on this matter. Al-Shāfiʿī likewise has two opinions. One is that the divorce takes effect; this is also a view derived within Ahmad’s school. But if he had not separated from her irrevocably, and instead took her back during her waiting period, the marriage remains in effect. If the condition upon which he suspended the divorce is fulfilled, the divorce takes effect.
He—may Allah Most High have mercy on him—was asked about a man who quarrelled with his wife and was hurt by her. He said:
“I shall be bound to divorce you three times: if you say, ‘Divorce me,’ I shall divorce you.”
She remained silent, then asked her mother:
“What is he saying?”
Her mother replied:
“He is saying such and such. Tell him, ‘Divorce me.’”
The woman then said, “Divorce me.” Does one divorce take effect, three divorces, or none?