illness. Abu Hanifa said: If he swore, "If you do not come to Basra, you are divorced," and she did not do so, they do not inherit from one another. And if he said, "If I do not come to Basra, you are divorced," and he died, she inherits from him, and if she died, he does not inherit from her; because in the first case, he suspended the divorce on her action, so when she refrained from it, she fulfilled the condition of the divorce, and thus she does not inherit from him, just as if he said, "If you enter the house, you are divorced," and she entered it. When he suspended it on his own action and refrained, the divorce was from him, so it is similar to if he had executed it immediately. The argument for the first view is that it is a divorce during his death-illness, so it prevented her inheritance while not preventing his, just as if he had divorced her initially; and because the husband delayed the divorce by his own choice until what he suspended it upon occurred during his illness, he became like one who initiated it. As for what was mentioned regarding Abu Hanifa, it is sound if the action is one that carries no hardship for her, because her leaving it is like her performing what he swore upon her to leave. If it is something that involves hardship, it is not appropriate that her inheritance be forfeited by her leaving it, just as if he swore for her to leave what she must necessarily do, and she did it.

Section: If he swore that he would certainly do something without specifying a time for it in his wording or intention, it is also on the basis of delay (tarakhi); for his wording is absolute regarding all time, so it is not restricted without him restricting it. For this reason, when Allah the Almighty said regarding the Hour: "Say: Yes, by my Lord, it will surely come to you," and said: "Say: Yes, by my Lord, you will surely be resurrected, then you will surely be informed of what you did," and when He said: "You will surely enter the Sacred Mosque, if Allah wills, in safety," it was on the basis of delay, for the verse was revealed at the time of al-Hudaybiyya in the sixth year, and the conquest was delayed until the eighth year. For this reason, it is narrated from Umar that he said: I said to the Prophet (peace and blessings of Allah be upon him): "Did you not tell us that we would come to the House and circumambulate it?" He replied: "Yes, but did I inform you that you would come to it this year?" I said: "No." He said: "Then you will come to it and circumambulate it." This is something upon which there is no disagreement that we are aware of.