What is the legal ruling if a husband says, 'You are divorced, half a divorce, a third of a divorce, a sixth of a divorce,' without conjunctions?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 3

Open in Qurani

Primary text

If the husband says, 'You are divorced half a divorce, a third of a divorce, a sixth of a divorce' (نصف طلقة ثلث طلقة سدس طلقة) without the conjunction 'and' (wa), only one divorce occurs. The absence of the conjunction indicates that these parts are not distinct units but rather describe a single, undivided divorce pronouncement. This is interpreted as the subsequent phrases being a Badal (substitute) or explanation for the preceding one, which does not necessitate differentiation.

Supporting text

Based on this reasoning, if the husband says, 'You are divorced one divorce, half a divorce' (طلقة نصف طلقة) or 'one divorce, one divorce' (طلقة طلقة), only one divorce takes place.