Ibn al-Mundhir said: Everyone we remember from the scholars has reached a consensus that if a man says to his wife: "You are divorced if you wish," and she says: "I have wished if so-and-so wishes," she has returned the matter, and the divorce is not binding upon her, even if so-and-so wishes. This is because no wish was found on her part; rather, what was found was her suspension of her wish upon a condition, and suspending a wish is not the same as the condition of a wish. If he suspended the divorce upon the wish of two people, and one of them wished immediately while the other wished later, the divorce takes effect because the wish has been found from both of them together.

Section: If he says: "You are divorced unless you wish," or: "Unless Zayd wishes," and she says: "I have wished," she is not divorced. If they both delayed that, she is divorced. If the one who suspended the divorce upon his wish becomes insane, she is divorced immediately because he brought about the divorce and suspended its removal upon a condition that was not met, and likewise if he dies. If he is mute and wishes by sign, there are two views derived regarding it, based upon the falling of the divorce by his sign if he had suspended it upon his wish.

Section: If he says: "You are divorced once, unless you wish for three," and she does not wish, or she wishes for less than three, she is divorced once. If she says: "I have wished for three," Abu Bakr said: "She is divorced three times." The companions of al-Shafi'i and Abu Hanifa said: "She is not divorced if she wishes for three," because an exception from an affirmation is a negation, so its construction is: "You are divorced once, unless you wish for three, in which case you are not divorced." Also, because if he had not said: "three," she would not have been divorced by her wishing for three; likewise if he says: "three," because he only mentioned the three as a quality of her wish that lifts the divorce of the one, so it becomes as if he said: "You are divorced, unless you repeat your wish three times." The Qadi said: There are two views regarding this; one of them is that she is not divorced, for the reason we have mentioned. The second is that she is divorced three times, because what first comes to mind from this speech is the effectuation of the three if she wishes for them, as if he said: "He owes me a dirham..."