What is the ruling when a husband says, 'You are divorced three times, some of them according to Sunnah, and some according to innovation (Bid'ah)'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If the statement is made, two divorces take effect immediately, and the third is postponed to a subsequent occasion. This is because equating the circumstances implies they should be treated equally in occurrence. Consequently, one and a half divorces occur immediately, and the remaining half is completed because divorce cannot be partialized, resulting in two divorces taking effect immediately. This ruling is based on the principle that when division is possible without fragmentation, division based on validity (Sunnah) should be enforced.
Supporting text
Another possibility is that one divorce occurs immediately, and two are postponed to the next occasion. This is based on the premise that 'some' can refer to less than the whole, and the minimum definite count should be enacted as a certainty, deferring the doubtful remainder to the subsequent time.