Is a divorce considered valid if the tenant swears by divorce to leave an apartment without specifying a departure date, and then does not leave?
If a husband makes a divorce conditional on his not departing, without specifying a time, there are two schools of thought regarding this:
The first, which is the most preponderant, is that the divorce does not take effect until the husband's death, and he is not prohibited from having intercourse with his wife. This is the view of Ash-Shafi'i, Abu Hanifa, and Ibn Qudamah.
The second is that the husband is prohibited from having intercourse with his wife until he departs. If four months pass and he has not departed, he is considered a mu'li (one who swears off his wife), and his wife is divorced. This is the opinion of Sa'id ibn al-Musayyab, Al-, Ash-Sha'bi, Malik, and in one narration from Ahmad.
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