How many divorces are effected by the statement, 'Choose for yourself' (ikhtari nafsik) when the husband intends multiple divorces?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the wife intends three divorces upon saying 'Choose for yourself,' three divorces fall. This is because the utterance implies totality concerning all aspects of her marital status, as it is a definite noun of genus, encompassing three divorces, similar to saying, 'Divorce yourself as you wish.' Therefore, the husband's claim that he only intended one is not accepted, as it contradicts what the utterance implies. Moreover, this phrase is a clear figure of speech, and clear figures of speech imply three divorces.
Supporting text
A differing opinion states only one divorce falls, held by 'Umar, Ibn Mas'ud, 'Ata', Mujahid, Al-Qasim, Rabī'ah, Mālik, Al-Awzā'ī, and Al-Shafi'i. Others, including 'Uthman, Ibn 'Umar, and Ibn 'Abbas, hold that what the judge determines is what occurs ('al-qadā' mā qaḍāt'). Al-Shafi'i also stated that if the husband intends three, three occur, and the husband's intention dictates the number, otherwise only one occurs.