What is the ruling if the husband claims he intended the statement as a condition (Shart) when stating conditional phrasing regarding divorce?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the husband claims he intended the phrase to signify a future condition (Shart), then he is believed in his declaration concerning his intent (i.e., he is deemed truthful in his claim). This position is accepted in a judicial ruling, according to Al-Qadi (the Judge), because the expression is ambiguous and can be used to imply a condition, similar to saying, 'You are divorced according to the Sunnah' (Anta taliqu li-s-sunnah). This interpretation represents the more apparent of the two established opinions among the scholars of the Shafi'i school.