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.

Section: If he said to his wife: "You are divorced today, if I do not divorce you today," and he did not divorce her, she becomes divorced when there remains of the day an amount not sufficient to divorce her in it, according to the implications of this issue. This is the choice of Abu al-Khattab and the opinion of the followers of al-Shafi'i. The Qadi narrated two viewpoints regarding this: this one, and another viewpoint that the divorce does not occur. This is also narrated from Abu Bakr and Ibn Surayj, because the time for the divorce is today, and the condition for her divorce is not found except with its expiration, so there remains no part of the time of her divorce in which the divorce can occur. Our position is that the expiration of the day causes the loss of her divorce, so it must occur just before it in the last possible moment, like the death of one of them during the day. This is because the meaning of his oath is: if the opportunity to divorce you today elapses from me, you are divorced within it. Therefore, when there remains of the day an amount that is not sufficient to divorce her, he has missed the opportunity to divorce her in it, and it occurs at that moment, just as his divorce occurs in our issue at the end of the life of the first of them to die. What they mentioned is invalidated by the case where one of them dies during the day; for the time for her divorce is lost upon his death, yet the divorce occurs just before his death; thus it is the same here. If he said to her: "You are divorced today, if I do not marry another woman over you today," or "if I do not buy you a garment today," then there are two viewpoints regarding this. The sounder of the two is that the divorce occurs if there remains of the day an amount not sufficient to perform the action sworn upon. [And if he said to her: "You are divorced if I do not divorce you today," she becomes divorced without disagreement. And there are two viewpoints regarding the time of its occurrence; one of them is at the end of the day, and the second is after its expiration.] And if he said to her: "You are divorced today, if I do not divorce you," it is like his saying: "You are divorced today, if I do not divorce you today," because he made the non-divorce of her a condition for her divorce today, and the condition precedes the conditioned.