And if he intended that "I had divorced you yesterday," and she denied it, the divorce becomes binding upon him, and she must observe the waiting period ('iddah) from that day; because she acknowledged that yesterday was not part of her 'iddah. If he dies without clarifying his intent, there are two views, based on the difference between the two statements regarding the one who divorces: if we say: "Nothing occurs through it," then nothing is binding upon him here. And if we say it occurs in that case, it occurs here.

Section: If he says to his wife: "You are divorced one month before Zayd's arrival," and he arrives after one month and a moment, the divorce occurs in that moment. We have determined that his divorce occurred before the month [expired]; because it is a rendering of divorce after establishing it. Al-Shafi'i and Zufar said this. Abu Hanifah and his two companions said: The divorce occurs at the moment of Zayd's arrival; because he made the month a condition for the occurrence of the divorce, and the divorce does not precede its condition. Our evidence is that he rendered the divorce at a time dependent upon a description, so when the description is realized, it occurs therein, as if he said: "You are divorced one month before Ramadan," or "one month before your death." Abu Hanifah specifically concedes this and does not concede that he made the month a condition, for there is no conditional particle in it. If he arrives before the month has passed, it does not occur, without any disagreement among our companions. This is the view of the majority of the companions of al-Shafi'i, because it is a suspension of divorce on a description whose existence was possible, so it is necessary to give it consideration. If Zayd arrives exactly at the completion of the month, she is not divorced; because there must be a moment in which the divorce occurs. If he grants her khul' (divorce initiated by the wife) one day after suspending her divorce, then Zayd arrives one month and an hour after the khul', we determine that the khul' occurred validly, and the divorce did not occur; because it encountered her while she was already irrevocably divorced. If he arrives one month and an hour after establishing the description, the divorce occurs, the khul' is invalidated, and she has the right to reclaim the compensation, unless the divorce is revocable; because the khul' of a woman in a revocable divorce is valid. If she is in her [original] state, and one of them dies one day after establishing the description, then Zayd arrives one month and an hour from the time of establishing the description, neither of them inherits from the other; because we have determined that the divorce had occurred before the death of whichever one of them died, so his partner does not inherit from him, unless the divorce is revocable, for it does not sever the inheritance as long as she is in the 'iddah. If he arrives one month and an hour after the death, we determine that the separation occurred by death, and no divorce occurred.