Ruling on divorce tied to giving birth when multiple children are born simultaneously based on a general condition?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a husband states, "Every time you give birth to a child, you are divorced," and the wife delivers three children at once, three divorces occur. This is because the condition (giving birth) and the number (three instances implied by the consequence of the general statement) are fulfilled simultaneously while she is his wife.

Supporting text

Abu Bakr stated, and this is the position of Al-Shafi'i and the Ashab al-Ra'y (Hanafi school), that if the births occur in succession from a single pregnancy, the first two births result in divorce, but the third birth does not take effect. Ibn Hamid narrated a view that divorce occurs on the third birth because the moment of separation coincides with the moment of occurrence, which is not contradictory.