If a man divorces his consummated wife by saying 'You are divorced' twice consecutively, what is the number of divorces that take effect?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Two divorces take effect if the husband intended the second utterance to be the pronouncement of a second divorce. If he intended the second utterance only to inform her that the first had occurred, or to emphasize the first, only one divorce occurs. If he had no specific intention (niyyah) regarding the second utterance, two divorces take effect. This is the position held by Abu Hanifa, Malik, and the sounder of the two opinions of Al-Shafi'i.
Supporting text
The alternative opinion of Al-Shafi'i states that only one divorce occurs, arguing that repetition may be for emphasis or information, and since the issuance of a second divorce is doubtful, it should not be established based on doubt.