His words, “one divorce, three divorces, or annulment”: the author—may Allah have mercy on him—gave the judge a choice between three options: to pronounce one divorce on his behalf, to pronounce three divorces on his behalf, or to annul the marriage. If he pronounces one divorce on his behalf, it counts as one divorce, and her husband may take her back so long as she remains within her waiting period. If he pronounces three divorces on his behalf, it counts as three divorces, and she is not lawful for her husband until she marries another husband. If he annuls the marriage, the marriage is dissolved; this is not counted as a divorce, but he may not take her back except through a new marriage contract.
His words, “one divorce, three divorces, or annulment”: the word “or” here indicates a choice. Thus, the judge may choose between pronouncing one divorce, pronouncing three divorces, or annulling the marriage. However, he must choose what is most beneficial. Which option is most beneficial? If this divorce is the last remaining one, then one divorce is no different from three. In that case, we say: turn away from divorce and opt for annulment, because it is less severe. If you annul the marriage, the husband is prevented from taking her back except through a new contract, leaving him some latitude. But if this is the first divorce, then there is no benefit in three divorces. The options then remaining are divorce or annulment—which of them is better? Divorce may be better, and it is undoubtedly better for the husband; yet annulment may be better if the woman has grown weary of living with her husband and wants to be free of him.
Accordingly, we say that “or” in the author’s words indicates a choice, but the judge must adopt what is most beneficial. Every case has its own ruling: in some cases one divorce may be preferable, in others three divorces, and in others annulment. However, the stronger view is that even if he pronounces three divorces, the three count as one. That is, if the judge were to say, “Bear witness that the wife of so-and-so, from whom he swore abstinence, is divorced; then she is divorced; then she is—”