permitted, and there is no difference whether he says: "Then Ghanim is free" before it, with it, or after it, or "You are divorced." It is the same here.
Section: Our companions differed regarding the oath by divorce. The Qadi said in "al-Jami'", and Abu al-Khattab: It is linking it to a condition—any condition whatsoever—except for his saying: "If you wish, you are divorced," and similar expressions, for that is a delegation (of authority). If he says: "When you menstruate, you are divorced," that is a bid'ah (innovated) divorce. If he says: "When you are pure, you are divorced," that is a sunnah divorce. This is the view of Abu Hanifah, because this is called an oath by custom, and the ruling is linked to it, just as if he said: "If you enter the house, you are divorced." Furthermore, in the condition, there is the meaning of an oath, in terms of it being a clause that is not independent without the response, thus resembling his saying: "By Allah," "By Allah," and "By Allah." The Qadi said in "al-Mujarrad": It is linking it to a condition with which he intends to urge an action or prevent it, such as his saying: "If you enter the house, you are divorced, and if you do not enter, you are divorced," or confirming his report, such as his saying: "You are divorced, Zayd has indeed arrived" or "has not arrived." As for linking it to anything other than that, such as his saying: "You are divorced if the sun rises," "or the pilgrim arrives," or "if the ruler does not arrive," then it is a pure condition and not an oath, because the essence of an oath is swearing (qasam). Linking divorce to a condition is only called an oath metaphorically, due to its participation with the oath in the famous meaning, which is urging, preventing, or confirming a report, like his saying: "By Allah, I will surely do it," or "I will not do it," or "I have surely done it," or "I have not done it." What does not contain this meaning cannot correctly be called an oath. This is the school of al-Shafi'i. Therefore, if he says to his wife: "If I swear by your divorce, you are divorced." Then he says: "If the sun rises, you are divorced." She is not divorced immediately according to the second view because it is not an oath, but she is divorced according to the first (view) because it is an oath. And if he says: "If you speak to your father, you are divorced," she is divorced
(29) In the original: "and the prohibition". (30) Omitted from: B, M. (31) Omitted from: The original. (32) In B, M: "whenever".