The third view is that both are taken into account: if both husband and wife are free, he possesses three divorces; if both are slaves, he possesses two; and if one is free and the other a slave, he possesses three.
The fourth view is that the husband possesses three divorces, whether he is free or a slave and whether his wife is a free woman or a slave woman. This is the position of the literalist school, and Ibn al-Qayyim, may Allah have mercy on him, appears to incline toward it in Zād al-Maʿād. This is because the textual proofs are general, and Allah, Most High, has not made any exception; because divorce issued by a free man and by a slave takes effect equally—each may divorce out of desire or aversion, and each has a marital bond with the woman; because the reports traced back to the Prophet concerning this are weak and cannot serve as proof; and because the reports halted at the Companions, may Allah be pleased with them, are conflicting and divergent. They should therefore be set aside, while we remain with the general meaning. Praise be to Allah, this issue is merely hypothetical in our time—unless Allah, Most High, grants the Muslims jihad in His cause and slavery again results.
His statement, “If he says, ‘You are divorce,’ or ‘divorced,’ or ‘upon me,’ or ‘binding upon me,’ it takes effect as three divorces if that is his intention; otherwise, it is one”: If he says, “You are divorce,” the definite article here may signify comprehensiveness, or it may signify the genus. Thus, if he says, “By my statement, ‘You are divorce,’ I intended three divorces,” we say that three take effect, because the wording admits this intention, and we understand the definite article as denoting comprehensiveness. If he did not intend three, but rather intended one, or if he says, “I had no particular intention,” then one takes effect, because the definite article denotes the genus, and the least to which the genus applies is one.
His statement, “You are divorce”: here, “divorce” is a verbal noun, and it belongs to the category of