What is the ruling when a husband says to his wife, 'You are divorced three times according to the Sunnah'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The explicit position attributed to Ahmad is that three divorces take effect immediately if the wife is in a state of purity and has not had intercourse since that purity. If she is menstruating, the three divorces take effect upon her becoming pure. This is also the position of Al-Shafi'i. The effect of three divorces is established because the statement specifies the number three, which is understood to be the maximum permissible or intended count, overriding the descriptive clause "according to the Sunnah" if it implies deviation from established procedure or if the husband intends immediate full separation. Ahmad explicitly stated that the three divorces occur, viewing the addition of 'for the Sunnah' as meaningless in this context.
Supporting text
According to Al-Qadi and Abu Al-Khattab, this ruling depends on which narration regarding the Sunnah is followed. If the Sunnah implies that combining the three pronouncements simultaneously is valid, then three take effect. However, according to another narration, only one divorce occurs immediately, and the other two require two subsequent divorces in separate marriage contracts or after two revocations (*ruj'a*). Ahmad rejected this latter interpretation. Abu Hanifa holds that one divorce occurs in each cycle (*qur'*) or month (if the wife is one whose waiting period is measured in months), basing this on his principle that the Sunnah is separating the three divorces across purity periods.