What is the legal effect if a husband states, 'You are divorced with two divorces'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'You are divorced, with two divorces' (ma'aha ithnatan), three divorces (thalath) occur, according to the prevailing measure of the Madhhab and one of the two opinions held by the companions of Al-Shafi'i. The evidence is that he pronounced a wording implying the occurrence of all three divorces simultaneously, thus all three take effect, similar to when he says, 'You are divorced three times.'
Supporting text
Abu Yusuf ruled that only one divorce occurs because if a divorce occurs singularly, nothing can accompany it. This is refuted by demonstrating that divorce does not take effect merely by utterance, otherwise, conditional divorce or describing it as three would be invalid.