What is the ruling on a husband uttering 'You are divorced three times, O adulteress' to his wife?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
When a husband says to his wife, 'You are divorced three times, O adulteress,' the ruling is that the husband must engage in *Mula'anah* (mutual cursing/imprecation). This is because the husband has accused her of adultery before the finality of the three divorces, which resembles the accusation made against a revocably divorced wife (*raj'iyyah*). Imam Ahmad supported this ruling, rejecting the view that only one divorce is effective and a *hadd* punishment is applied.
Supporting text
If there is a child from the marriage, the husband must engage in *Mula'anah* to negate paternity. However, if there is no child, the husband receives the *hadd* punishment for slander (*qadhf*), and *Mula'anah* is not required. This is because the accusation of adultery is necessarily attributed to the time when she was his wife, making it impossible for her to have committed adultery after the triple divorce separated them; the statement is treated as if he said, 'You committed adultery when you were my wife,' after the separation.