What is the ruling when a husband declares divorce upon a part or fraction of his wife?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband divorces a part of his wife's physical being, the entire wife is divorced. This applies whether the part is a common fraction, such as half, one-sixth, or a thousandth of her, or a specific physical member, such as her hand, head, or finger. This position is held by Al-Hasan, the school of Al-Shafi'i, Abu Thawr, and Ibn al-Qasim, the companion of Malik.
Supporting text
The scholars of the Hanafi school maintain that if the divorce is attributed to a common fraction or one of five specific members (the head, face, neck, back, or private parts), the divorce occurs. However, if it is attributed to a specific member other than these five, divorce does not occur, such as the tooth or fingernail, because it is a part that can be separated from the whole or a part not representative of the whole.