What is the ruling if a man says to his wife, 'You are divorced one time,' but he intended three divorces?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

If he says, 'You are divorced one time,' and intends three, only one divorce occurs. This is because his statement does not bear the implication of more than one divorce. If more were to occur based only on his hidden intention, the divorce would be effected solely by intention, and intention alone does not effect divorce.

Supporting text

The scholars of Al-Shafi'i, in one of the two narrations (Wajh), hold that three divorces occur because the statement 'one' can be interpreted as 'one along with two others.' This is considered flawed because the meaning 'along with two others' is not conveyed by or inherent in the term 'one,' making this a mere unexpressed intention which is ineffective, similar to pronouncing divorce without any wording.