What is the ruling when a husband says, 'You are divorced with one divorce that does not count against you,' or 'Divorced, no,' or 'Divorced, a divorce that does not reduce your count,' or 'Divorced, nothing'?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a husband utters the phrases: 'You are divorced with one divorce that does not count against you' (Anta taliqu talqatan la taqau alayka), 'Divorced, no' (Taliqu la), 'Divorced, a divorce that does not reduce your count' (Taliqu la yunaqqisu biha 'adadu talaqika), or 'Divorced, nothing' (Taliqu la shay'a), one divorce is enacted. This ruling is according to the school of Al-Shafi'i, and no dissenting opinion is known regarding this formulation. This phrasing acts as an attempt to revoke everything stated, which is invalid, analogous to excluding the entirety of a statement. Furthermore, if the intent behind such a statement was merely informational, it would constitute a lie, as enacting one divorce is indeed an enforceable event.