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.

Section: If he said to his slave: "[If] I do not sell you today, then my wife is divorced today," and he did not sell him until the day had expired, then there are two viewpoints regarding this. If he emancipated the slave, or he died, or the swearer died, or the woman died during the day, his wife becomes divorced at that moment, because the opportunity to sell him has passed. If he granted him tadbir (stipulating his freedom upon his master's death) or wrote a kitabah contract for him, his wife is not divorced because the sale of him is still permissible. Those who forbid the sale of both of them say: The divorce occurs because of that, just as if he had died. If he gifted the slave to a person, the divorce does not occur, because it is possible for him to return to his possession, so he could sell him, thus the opportunity to sell him has not passed. If he said: "If I do not sell my slave, then my wife is divorced," without restricting it to the day, and he entered into a kitabah contract with the slave, the divorce does not occur, because it is possible for him (the slave) to become unable to fulfill the contract, so the expiration of the opportunity for sale is not certain. If he became free through the kitabah contract or otherwise, the divorce occurs at that moment because the opportunity to sell him has passed.

1273 - Issue: He said: "[If he said: Whenever I do not divorce you, then you are divorced. [The three (divorces) occur to her immediately, if she is a woman with whom the marriage has been consummated.]"

This is only so because "whenever" (kullama) necessitates repetition. Allah the Almighty says: "Every time a nation came to its messenger, they denied him" (Qur'an, Al-Mu'minun 44). And He said: "Every time a nation enters, it curses its sister" (Qur'an, Al-A'raf 38). Thus, it necessitates the repetition of the divorce with the repetition of the condition, and the condition is his not divorcing her. So, when a period of time passes after his oath in which it is possible for him to divorce her, and he does not divorce her, the condition has been met, so a single divorce occurs, and the second follows it