What is the ruling if a man says, 'You are divorced,' and intends three divorces?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
There are two narrations regarding the statement 'You are divorced' when three divorces are intended. The first narration states that only one divorce occurs. This is the position of Al-Hasan, 'Amr ibn Dinar, Al-Thawri, Al-Awza'i, and the People of Opinion (Ahl al-Ra'y). They argue that this phrasing informs a status (like being 'standing' or 'menstruating') and does not inherently include a specific number, thus not effecting three divorces, similar to saying 'You are divorced one time.'
Supporting text
The second narration states that if he intends three, three divorces occur. This is the view of Malik, Al-Shafi'i, Abu 'Ubayd, and Ibn al-Mundhir. They argue that this phrasing is one that, if the word 'three' were appended, would result in three divorces; therefore, intending three should also result in three, analogous to using an indirect expression (kinayah). Furthermore, the word 'divorced' (taliq), as an active participle, implies the verbal noun (masdar), which can refer to few or many instances, unlike menstruation or purity, which cannot be multiple for a woman.