Is an exception made verbally (*bi-lisanihi*) in divorce effective?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a man states a condition of exception verbally, the exception is valid, and the thing excepted does not fall under the ruling. A consensus exists among the scholars whose opinions we have recorded, including Al-Thawri, Al-Shafi'i, and the People of Opinion (Ashaab al-Ra'y), that if a man tells his wife, "You are divorced three times except for one," she is divorced twice. The nature of the exception is not the cancellation of what has occurred; rather, it clarifies that the excepted item was not intended by the statement, thereby preventing it from being included where it otherwise would have been. This principle is demonstrated in Quran 29:14, where "a thousand years except for fifty years" means nine hundred and fifty years, and in Quran 43:26-27, where stating disavowal except from the One who created one means disavowal from everyone except God. Thus, "You are divorced three times except for one" means exactly two divorces.
Supporting text
A view attributed to Abu Bakr states that an exception does not affect the number of divorces decreed, even in cases of divorce. Thus, if he said, "You are divorced three times except for one," all three would occur. Furthermore, if he said, "My wives are divorced except for so-and-so," she would not be divorced because divorce cannot be revoked after its execution, which is what a valid exception would entail.