Is the exception of the majority of a stated number of divorces valid?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

The exception of the majority of the stipulated number of divorces is invalid. This opinion is affirmed by Ahmad. If a man states, 'You are divorced thrice, except for two,' three divorces occur. The majority hold that excluding the majority is permissible, as discussed elsewhere regarding confessions. Furthermore, it is noted that philologists permit this exception only for a minority of the whole, which is attributed to a group of linguistic scholars.

Supporting text

The majority opinion permits excluding the majority, unlike the stance ascribed to Ahmad.