What is the ruling if a man says, 'You are divorced, the divorce of *haraj* (hardship/constraint)'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The ruling is that this constitutes a divorce of innovation (*bid'ah*). This is because *haraj* signifies constraint and sin, making the statement equivalent to 'the divorce of sin,' which is the divorce of innovation. This position is held by the Qadi. Ibn al-Mundhir narrated from Ali (may Allah be pleased with him) that this utterance results in three divorces, interpreting *haraj* as the constraint that prevents reconciliation, which implies a definitive threefold divorce. This outcome involves both constraint and sin, encompassing both aspects.
Supporting text
It is also understood that if he says, 'the divorce of hardship and the Sunnah,' it is treated as 'the divorce of innovation and the Sunnah.'