How is the commencement of the second year determined after stating 'one divorce every year'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The apparent meaning, according to Al-Qadi and the Shafi'i scholars, is that the second year begins after the completion of twelve lunar months from the time of the oath, as the term commenced with the oath itself. Alternatively, Abu Al-Khattab stated that the second year begins at the start of the first month of the Islamic calendar (Muharram), because the year is the known standard when the condition relates to recurring yearly events, citing the Quranic verse: {Do they not see that they are tried once or twice every year?} (Quran 9:126).
Supporting text
If the husband states that he intended the year to mean twelve months, his statement is accepted because that is the true definition of a year. If he states he intended the years to begin with the new Hijri year starting in Muharram, this is accepted by some, although Al-Qadi stated it is not accepted in legal judgment because it contradicts the apparent meaning. The preferred approach is to allow for two narrations regarding this matter, as the statement is ambiguous yet potentially contrary to the apparent meaning.