What is the ruling on divorce when a husband says, 'You are divorced, one talaqa in two' and intends three?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'You are divorced, one talaqa in two (wahida fi ithnatayn)' and intends three divorces, then three divorces occur. This is because the preposition 'fi' (in) is used to mean 'ma'a' (with), thus the meaning is 'one talaqa with two talqas'. If he affirms this statement regarding himself, his affirmation is accepted. Furthermore, if he explains his intent as one divorce, this is also accepted, regardless of whether he is knowledgeable in calculation or not.
Supporting text
The Qadi stated that if he is knowledgeable in calculation, his assertion of intending one divorce is not accepted, and two divorces take effect because it contradicts what the wording implies. If he was knowledgeable in calculation but had no intention (niyyah), then two divorces occur. The Qadi also held that if he speaks without specifying an intention, only one divorce occurs because the wording of dissolution (iqā') is only in the word 'one', and the excess requires intention, which is absent.