What is the ruling when a husband says, 'You are divorced, one, or not?' (Anta taliqu wahidatan aw la)?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'You are divorced, one, or not?' (Anta taliqu wahidatan aw la), the ruling is the same as the preceding inquiry, meaning one divorce is enacted. This position is held by Abu Hanifa and Abu Yusuf, and it is consistent with the قياس (analogy) derived from the position of Al-Shafi'i.
Supporting text
Muhammad held that one divorce occurs because the phrase 'or not' (aw la) refers only to what immediately follows it, which is 'one' (wahidatan), and not to the word of enactment ('divorced'). This view is rejected because 'one' is an attribute (sifah) of the divorce being enacted, so whatever is connected to it refers back to that enacted divorce, resulting in a situation equivalent to saying, 'You are divorced, or nothing.'