What is the legal implication if the husband intends by his past-tense statement ('You were divorced yesterday') to inform that he had already divorced her previously at that time?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the husband intended to report that he had already divorced her previously at that mentioned time, and if that event had indeed occurred, the divorce takes effect based on his statement. Abu al-Khattab mentioned this ruling. Al-Qadi accepts this interpretation based on the apparent statement of Ahmad because the husband explained his utterance with what it could possibly mean, without requiring the prior event to have actually happened.
Supporting text
If the wife denies his claim that he divorced her yesterday, the divorce becomes obligatory upon him, and she must observe the waiting period starting from yesterday, because she admitted that yesterday was not part of her current waiting period. If the husband dies without clarifying his intent, there are two possible outcomes depending on differing opinions regarding the validity of the initial past-tense divorce statement: if the initial statement is deemed ineffective, then nothing is obligatory here; if it is deemed effective, then the divorce is obligatory here.