suspending divorce on the wish of so-and-so, and likewise when he says: "You are divorced wherever you wish," or "whenever (70) you wish," and the like. This was stated by al-Zuhri and Qatadah. Abu Hanifah, excluding his two companions, said: If he says, "You are divorced however you wish," it takes effect immediately as a revocable divorce, because this is not a condition but a description of the divorce occurring upon her wish. Our position is that he attributed the divorce to her wish, so it resembles (71) the case when he says, "wherever you wish." Al-Shafi'i said regarding all these forms: If she wishes immediately, it takes effect; otherwise, it does not divorce, because this is a delegation of divorce, so it is immediate, like his saying, "Choose." The Ashab al-Ra'y (the people of opinion) said regarding "if" (in) what corresponds to his [al-Shafi'i's] view, and regarding the other forms what corresponds to our view, because these forms explicitly imply delay, so they are interpreted according to their requirements, unlike "if" (in), which does not require a timeframe and is merely for a condition, so it is restricted to immediacy by the nature of the delegation. Al-Hasan and 'Ata' said: If he says, "You are divorced if you wish," that belongs to her as long as they are in their session. Our position is that this is a suspension of divorce upon a condition, so it is on the basis of delay, like all other suspensions, and because it is the termination of a property right suspended upon a wish, so it is on the basis of delay like manumission, and it differs from "Choose," for that is not a condition but an option, so it is restricted to the session, like the option of the session. If the one who has the wish dies or becomes insane, the divorce does not take effect, because the condition of the divorce was not found. It was narrated from Abu Bakr that it does take effect (72), but it is not correct, because a divorce suspended upon a condition does not take effect when its condition is rendered impossible, as if he said, "You are divorced if you enter the house," and if he wishes while he is insane, his divorce does not take effect because there is no legal validity to his speech. And if he wishes while he is intoxicated, the correct view is that it does not take effect, because he is devoid of intellect, so he is like the insane person. Our companions said: It is derived from the two reports regarding his divorce, and the difference between them is that the execution of his divorce is a harsh measure against him, so that the act of disobedience is not a cause for mitigation for him, whereas here the divorce only takes effect through other than him (73), so it is not valid from him in the state of the loss of...
(70) In the original: "ayna" (where). (71) In A, B, and M, an addition: "bihi" (with it). (72) In A, an addition: "ṭalqa" (a divorce). In B, an addition: "al-ṭalāq" (the divorce). (73) In B: "li-ghayrihi" (to other than him).