What is the ruling when a husband tells his wife, 'Divorce yourself' (Talliqi nafsaki) and specifies a number?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a husband tells his wife, 'Divorce yourself,' and specifies a number (e.g., three), the divorce occurs exactly as intended by his specification. Imam Ahmad affirmed this, stating that if he intended three and she divorced herself three times, it is three divorces, and if he intended one, it is one. This is because the husband's instruction, being an authorization, covers both the single divorce and the triple divorce, so intending either fulfills the authorization. If he specified a number but she acted, and he had no intention, only one divorce occurs because the absolute command implies the minimum number required for the term to apply, which is one.

Supporting text

If the husband issues the command absolutely without any intention (niyyah), only one divorce occurs, as the unspecified command entails the definite certainty (al-yaqin), which is a single divorce.