How is the number of divorces determined when the phrase used is an ambiguous allusion (kinayah)?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The ruling that it is one divorce is based on the assumption that the husband intended one divorce or maintained an absolute intention (i.e., not specifying three). If the husband intended two or three divorces, the ruling follows his intention, as the phrase is an ambiguous allusion. For any ambiguous expression (kinayah) to result in divorce, the intention to divorce must be present, or there must be contextual indication thereof.
Supporting text
The intention of the party accepting the statement should also be considered, similar to when a wife chooses in cases where the husband says, 'Choose' or 'Your affair is in your hand.' The prescribed formula for acceptance by her family is for them to state, 'We have accepted it,' as explicitly stated by Ahmad. The ruling regarding her gift of herself to herself or to a non-mahram is the same as the ruling regarding her gift to her family.