What is the legal consequence of saying, 'You are divorced the divorce' (أنت طالق الطلاق)?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'You are divorced the divorce' (أنت طالق الطلاق), whatever he intends occurs. If he does not specify an intention, there are two narrations regarding the ruling, attributed to Al-Qadi. The first narration, established by Ahmad in the narration of Muhanna, is that three divorces occur. This is because the definite article 'Al' (the) implies exhaustiveness (istighrāq), thus necessitating the entirety, which is three. The second narration states that only one divorce occurs because the definite article may refer back to a known instance, meaning the specific divorce that was previously enacted. Furthermore, the definite article in generic nouns is often used for non-exhaustive meanings, as seen in phrases like 'one compelled to divorce' or 'when a child understands divorce.'
Supporting text
A dissenting view suggests that only one divorce occurs, following the principle that if no specific intention is stated, the certain outcome (one divorce) is taken. Another perspective, favored by Abu Bakr, suggests that if the husband says 'You are the divorce' (أنت الطلاق) and implies three, three occur, and if he implies one, one occurs. If no intention is specified, Ahmad's statement implies three because the expression is considered definitive ('This is specified; what remains? It is three').