What is the ruling if a husband states, 'You are divorced three halves of a divorce'?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'You are divorced three halves of a divorce' (Thalathata anṣāf ṭalqah), two divorces occur. This is because three halves constitute one and a half divorces; the remaining half completes the second full divorce, resulting in two divorces. This interpretation is preferred because it fulfills the condition of halving (tanṣīf), acts upon certainty, discards doubt, and effects the stated divorce without addition.
Supporting text
There is an alternative view among the Shafi'i scholars stating that only one divorce occurs because the utterance refers to halves originating from a single divorce, thus invalidating what is not part of that single divorce, resulting in one divorce. However, this view is rejected because nullifying a divorce already legally established by a competent party is impossible; instead, the addition referring to the single divorce is invalid, thus rendering the statement void.