Is a husband's statement, "I intended by what I said that you become divorced by what I enacted upon you, and I did not intend to enact any divorce except what I directly pronounced," accepted in court?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 15 · Bab 2

Open in Qurani

Primary text

There are two established narrations regarding its acceptance in court. The first narration rejects acceptance. This is the position of Al-Shafi'i because the statement contradicts the apparent meaning, as the apparent meaning is a conditional suspension of divorce based on a divorce, and furthermore, informing her of a divorce already enacted by his words carries no benefit.

Supporting text

The second view accepts the husband's statement because his explanation is plausible and possible, similar to when a husband says, "You are divorced, you are divorced," and claims the second utterance was only for emphasis or clarification.