What is the ruling when a husband says, 'You are divorced, and [then uses two synonyms connected by 'and'],' and intends three divorces?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Three divorces are incumbent (lazim) when the husband says, "You are divorced, and released, and separated," because this structure constitutes a sequence (nasq), equivalent to saying, "You are divorced three times." This view is held by Malik, al-Awza'i, al-Layth, Rabi'ah, and Ibn Abi Layla. A narration from the old position of Al-Shafi'i indicates this ruling as well. The basis for this is that the conjunction 'wa' implies aggregation without requiring sequence, thus effecting all three divorces simultaneously, similar to stating the number directly. Furthermore, the effect is suspended until the completion of the entire statement, as demonstrated by the fact that adding a stipulation, exception, or description affects the whole statement; if the first divorce were finalized immediately upon utterance, subsequent modifiers would not apply retroactively.
Supporting text
Al-Thawri, Abu Hanifah, Al-Shafi'i, and Abu Thur hold that only one divorce occurs. They argue that since the first declaration takes effect immediately, nothing further can apply to the same event, akin to separating the statements.