Chapter: Issues in which the ruling on divorce differs

A free man or one who is partially emancipated holds authority over three pronouncements of divorce, whereas a slave has only two.

Divorce becomes irrevocable (bāʾin) in four situations: when it is granted in return for compensation, when it is pronounced before consummation, when the marriage itself is invalid, or when all three pronouncements are issued together.

Three divorces take effect if he says, “You are divorced without the right of return,” “absolutely,” or “irrevocably.” If he says, “You are the divorce,” or simply, “You are divorced,” only a single pronouncement counts; yet if he intended three, whatever he intended takes effect.⦗1⦘

Three also take effect if he declares, “You are divorced—every divorce,” “the greater part of it,” “as many times as there are pebbles,” and the like, or if he addresses her, “You—divorced a hundred times.”

If, however, he says, “You are divorced with the severest divorce,” “the harshest,” “the longest,” “as full as the world,” “like a mountain,” or “according to all legal schools,” only one pronouncement is counted unless he intends more.

Section

Divorce is indivisible;⦗2⦘ any fraction of a pronouncement is treated as the whole. Thus, if he divorces his wife, she is divorced in her entirety.