What is the legal effect of using the ambiguous term 'Al-Battah' (definitive/absolute severance), 'Habluki 'ala Gharibiki' (your rope is on your shoulder), or 'Ilhaqi bi Ahlik' (join your family)?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The soundest position holds that these terms result in three divorces, even if the husband entered into the marriage or did not, based on the general principle that ambiguity with intent is like an explicit term. This view is strongly supported by the actions and statements of companions, including Ali, Ibn Umar, and Zayd ibn Thabit, whom Ahmad considered correct regarding these specific terms signifying three divorces. The term 'Al-Battah' implies absolute cutting off of the marriage contract, similar to the triple divorce. Terms like 'Khaliyyah' and 'Bari'ah' imply complete freedom from the marriage, which necessitates three divorces to achieve the maximum severance unless specified otherwise, aligning with the Sahaba's practice where they did not differentiate between a consummated marriage and one without consummation.
Supporting text
Shafi'i holds that it refers to the intention; if no intention is specified, one divorce occurs. Al-Nakh'i agrees it refers to intention, but specifies that the occurring divorce is revocable (ba'in) because the wording implies severance but not a specific number. Others, like Al-Thawri and the People of Opinion, state that if three are intended, three occur; if one or two are intended, only one occurs, because the ambiguous term mandates severance (which one divorce establishes) but not a specific number beyond one. Rabiah and Malik hold that three occur unless it is in the context of Khul' (redemption) or before consummation, in which case it is one divorce, because the necessary severance is achieved with one in those cases.