LessonsLegal Impediments: Formation, Completion, Commencement and ContinuationQuiz

ولهذا لو حلف لا يطلق امرأته، فعلق طلاق امرأته بدخول الدار لا يحنث
If a person swears not to divorce his wife and then makes divorce conditional on her entering a house, he does not break the oath merely by making the conditional declaration.

The reasoning is that the divorce the oath addresses has not immediately taken effect simply through the suspended wording. Making a conditional pronouncement and the present occurrence of divorce are not identical.

This is an analysis of the specific classical wording and legal setting; it should not be generalized to every oath or conditional divorce without examining the applicable conditions.

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An oath and a conditional divorce

Legal Impediments: Formation, Completion, Commencement and Continuation

ولهذا لو حلف لا يطلق امرأته، فعلق طلاق امرأته بدخول الدار لا يحنث
If a person swears not to divorce his wife and then makes divorce conditional on her entering a house, he does not break the oath merely by making the conditional declaration.

The reasoning is that the divorce the oath addresses has not immediately taken effect simply through the suspended wording. Making a conditional pronouncement and the present occurrence of divorce are not identical.

This is an analysis of the specific classical wording and legal setting; it should not be generalized to every oath or conditional divorce without examining the applicable conditions.