Is a husband's subsequent explanation of an ambiguous divorce statement accepted in court?
General Chapter
Al-Mughni
Book of Divorce
Primary text
When a man tells a minor girl or a woman who has not been consummated, "You are divorced with a bid'ah (innovatory) divorce," and then claims he meant, "When the minor menstruates," or, "When the non-consummated woman is afflicted," or if he says to them, "You are divorced according to the Sunnah," and claims he meant to divorce them at a time when the divorce would be according to the Sunnah, he is held accountable in his relationship with God (Allah).
Supporting text
There are two differing scholarly opinions regarding the acceptance of this explanation in judicial rulings. The first view holds that the explanation is not accepted because it contradicts the apparent meaning of the words, similar to saying, "You are divorced," and then claiming to mean, "When you enter the house." This view aligns with the madhab of Al-Shafi'i. The second view accepts the explanation because the speaker is clarifying his speech with a meaning it is capable of bearing, similar to saying, "You are divorced, you are divorced," and explaining the second instance as making the first statement understood.