What is the ruling when the husband repeats the term of choice, such as saying, "Choose, choose, choose" (*ikhtari, ikhtari, ikhtari*)?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the husband repeats the choice term, the ruling depends on his intention. If he repeats it merely to ensure she understands, and he does not intend three pronouncements, only one instance of choice is effected. This is the position of Ahmad and Shafi'i. The repetition is considered for emphasis. If he intended three instances by repeating it, then three divorces occur. This is supported by the ruling that if one pronouncement of divorce is uttered, three are counted when the word for divorce is repeated, as in saying, "You are divorced, divorce" (*anti taliqun al-talaq*).

Supporting text

Abu Hanifa states that if she accepts, three divorces occur because he repeated a term that effects divorce, causing repetition just as repeating the word for divorce results in three. Conversely, some opinions, including a narration from Ahmad, Al-Qadi's choice, the madhab of 'Ata, and Abu Thawr, hold that repeating the term of choice does not increase the effect beyond one choice, similar to stipulating the right of withdrawal (*khiyar*) in a sale. Another narration from Ahmad indicates that if he says "Choose" and she says "I chose myself," it is one, unless he says, "Choose, choose, choose," which indicates three divorces. Al-Sha'bi, Al-Nakha'i, the Ashab al-Ra'y, and Malik hold that since one utterance implies one divorce, repetition implies three, like the repetition of the word for divorce.