What is the ruling when a husband states, 'One of you two is divorced,' while addressing both his wife and a non-related woman (Ajnabiyyah)?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The wife is divorced when the husband addresses both his wife and a non-related woman and states, 'One of you two is divorced.' This is the position held based on the principle that divorce pertains only to the wife, as addressing a non-wife with divorce is considered futile ('abath). Although the phrase is not specific to one person, the fact that only the wife is a valid subject for divorce forces the pronoun to refer to her. Furthermore, the existence of a valid subject (the wife) overrides any potential meaning directed towards the non-wife. This ruling is established by the fact that the Prophet (peace be upon him) addressing those engaged in mutual cursing (Li'an) stated, 'One of you two is a liar,' and the statement applied only to the liar.
Supporting text
Some scholars, including the followers of the Opinion of the People of Reason (Ashaab ar-Ra'y) and Abu Thawr, permit the husband's subsequent claim that he intended the non-wife, accepting his explanation because the statement ('One of you two') is potentially applicable to both. The Shafi'i school distinguishes this case from naming a specific woman. They hold that if he says 'One of you' (referring to the wife and a non-wife), the wife is divorced, but if he names a non-wife named Zaynab and says 'Zaynab is divorced,' he is not believed if he later claims he intended a different non-wife also named Zaynab, because the name explicitly targets only one person, and the prior certainty of his wife being the target makes the claim of intending another person less credible.