Is a husband's admission, while sick, that he divorced his wife three times during his previous health accepted?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

If a man admits while he is ill that he divorced his wife three times during his period of health, his admission is not accepted regarding her. The ruling follows that of a divorce occurring during his current illness. This is the opinion adopted by Malik and Abu Hanifa, based on the principle that admitting something that invalidates another's right is inadmissible, just as an admission concerning her property would be inadmissible.

Supporting text

Al-Shafi'i, may God have mercy on him, holds that his admission is accepted.