What is the ruling if a husband says, "You are divorced and divorced and divorced," and claims he intended the second utterance as emphasis?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

If a husband says, "You are divorced and divorced and divorced," and claims he intended the second utterance as emphasis, his claim is not accepted. This is because he differentiated between the first and second pronouncements using a conjunction ('and' - 'wa') which implies distinction, thereby precluding the intention of mere emphasis. The third pronouncement is treated the same as the second regarding its wording.

Supporting text

If he claims the second utterance was for emphasis, his sincerity is judged in his heart, but there are two narrations regarding acceptance in legal judgment. One narration accepts it, aligning with the view of Al-Shafi'i, because he repeated the word of divorce just like in the first instance (e.g., "You are divorced, you are divorced"). The second narration rejects it because the conjunction implies differentiation, which contradicts the claim of emphasis, similar to how the second utterance is treated.