or renews the suspension—even after she has married another husband—she returns subject to whatever remains of the three pronouncements; but if, in that renewal, he phrases it as a triple divorce, she comes back reckoned with three.
A male slave can effect only two divorces, whereas a free man has three.
A divorce declared while the husband is terminally ill is valid, and the spouses inherit from one another during the waiting-period of a revocable divorce, not an irrevocable one; according to the Imam’s earlier view, however, she still inherits from him.
Section
If he says, “I have divorced you,” or “You are divorced,” while inwardly intending a certain number, that number takes effect; the same holds for an indirect expression.
If he says, “You are divorced, one,” yet intends more, only one counts—though another view says the intended number is operative.
I add: If he says, “You are one,” intending thereby a number of divorces, the intended number takes effect; another view limits it to one, and Allah knows best.
If he meant to say, “You are divorced three times,” but the wife died before he finished the word “divorced,” nothing occurs. If she died after he completed “divorced” but before he could say “three,” three divorces take effect—although one opinion limits it to a single divorce, and another to none at all.
If he says, “You are divorced, you are ta… you are divorced,” with a separating pause, three divorces occur. Otherwise, if he intended repetition for emphasis, it counts as one; if he intended separate pronouncements, it counts as three; and, according to the more apparent view, the same ruling applies when he expressed no intention.
Should he intend the second utterance as emphasis and the third as a fresh pronouncement, or the reverse, two divorces take effect. If he intends the third to confirm the first, then—on the sounder opinion—there are three.
If he says, “You are divorced and divorced and divorced,” he may validly intend the third to confirm the second, but not the second to confirm the first.
All these rulings concern a wife with whom the marriage has been consummated; if he directs them to a woman before consummation, only one divorce results in every case.
If he says to this wife, “If you enter the house you are ṭalq and ṭāliq,” and she enters, two divorces occur, according to the sounder view.
If he tells a consummated wife, “You are divorced—one divorce together with another divorce,” two divorces occur; the same holds for a non-consummated wife, on the sounder view.
If he says, “A divorce before a divorce,” or “after it a divorce,” it counts as two divorces for a consummated wife and one for a non-consummated wife, and the same—according to the more apparent view—applies to the wording “a divorce after a divorce” or “before it a divorce.”
If he says, “A divorce in a divorce,” and means “together with,” it is two divorces; but if he means a temporal circumstance, or a numerical calculation, or leaves it undefined, it is a single divorce.
If he says, “Half a divorce in a divorce,” it is always one divorce.
If he says, “A divorce in two divorces,” intending “together with,” three divorces result; if he means a circumstance, one; and if he means an arithmetic addition and understands arithmetic, two divorces result. If he is ignorant of arithmetic