the one not consummated with is irrevocably divorced, so the repetition of this statement was not an oath by her divorce. And she is not a wife, so the condition was not met. If he conditioned their divorce on swearing by the divorce of both of them, and then he renewed the marriage of the irrevocably divorced one, then said to her: "If you speak, you are divorced," it has been said: They are both divorced at that point, because he has thereby become one who has sworn by her divorce, and he had sworn by the divorce of the one consummated with by repeating his statement in the third instance, so they are both divorced at that point. It is stronger in my view that divorce does not occur by this one whose marriage he renewed, because when he repeated it the third time she was irrevocably divorced, so the attribute did not attach by referring to her, just as if he said to a stranger: "If I swear by your divorce, you are divorced," then married her, and swore by her divorce. However, the one consummated with is divorced at that point, because he has sworn by her divorce in the third instance, and sworn by the divorce of this one at that point, so he completed the condition for her divorce, and she is divorced alone.
Section: If he had two wives, Hafsah and 'Amrah, and he said: "If I swear by your divorce, then 'Amrah is divorced." Then he repeated it, neither of them is divorced; because this is an oath by the divorce of 'Amrah alone, so the oath by the divorce of both of them was not found. If he said after that: "If I swear by your divorce, then Hafsah is divorced," 'Amrah is divorced, because he swore by the divorce of both of them after he had linked her divorce to the oath by the divorce of both of them. Hafsah is not divorced because he did not swear by the divorce of both of them after he had linked her divorce to it. If he said after this: "If I swear by your divorce, 'Amrah is divorced," neither of them is divorced, because he did not swear by the divorce of both, but rather he only swore by the divorce of 'Amrah alone. If he said after this: "If I swear by your divorce, Hafsah is divorced," Hafsah is divorced. And it follows this analogy.
(39) In B, M: "his wife". (40) In A, B, M: "the marriage". (41) In the original: "an oath". (42) In the original, A: "the woman". (43) In the original: "was". (44) Omitted from: the original. A cross-reference. (45) In A: "by her divorce".