What is the procedure if the husband claims ignorance regarding the unknown event (the bird)?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If the husband states, "I do not know what the bird was," the established principle of the school (*madhhab*) dictates that a drawing of lots (*qur'ah*) must be held between the two possibilities: the wives' divorce or the slaves' manumission. This procedure aligns with the view of Abu Thawr.
Supporting text
The Shafi'i school differs, stating that if the lot falls upon the slaves, they are freed, but if it falls upon the wives, they are not divorced, nor are the slaves freed. They argue the lot is permissible for manumission, as the Prophet (peace be upon him) used lots among six slaves, but it is not permissible for divorce because divorce dissolves the marriage bond, and lots have no place in marriage contracts, only in distinguishing ownership (like manumission).