Section
If she explicitly pronounces divorce, it takes effect according to what she states. If she explicitly pronounces three divorces—for example, by saying, “I have divorced myself three times,” “I have accepted authority over myself,” “I have chosen myself,” “I am forbidden to you,” “I am free of you,” or “I am separated from you”—she is thereby divorced three times, whether she was given the choice or delegated authority, and whether before or after consummation, [unless he contests her decision in the case of choice before consummation, or in the case of delegated authority before or after consummation]. He is entitled to contest it if he claims a particular intention. No inquiry is made into her intention in such a case, nor is her claim accepted if she says that she did not intend divorce by those words or that she did not intend three divorces. Likewise, if she says, “I have divorced myself once,” or “twice,” no inquiry is made into her intention, nor is her claim accepted if she says that she did not intend divorce. Where authority was delegated to her, the number stated takes effect unless he contests anything beyond one divorce; where she was given the choice, it has no effect.
If she responds with an indirect expression of divorce, such as “I have released you,” “I have left you,” “I have parted from you,” “I have sent you back to your family,” or something similar, her words are treated as the husband’s would be if he uttered them himself: the same rules apply as to what constitutes divorce and when intention is or is not taken into account.
If she responds with words that may or may not be intended to effect divorce, such as “I have accepted authority over my affairs,” “I have chosen,” “I have willed it,” or “I have consented,” she is asked what she intended. Whatever she says is accepted, and the ruling concerning choice or delegated authority follows accordingly.
If she responds with words that may mean three divorces or one or two, there are three expressions to consider. The first is, “I have divorced myself.” The second is, “I am divorced.” The third is, “I have chosen divorce.”
As for her saying, “I have divorced myself,” there are five opinions. The first is that, whether she was given the choice or delegated authority, she is asked, during that sitting or afterwards, how many divorces she intended. If she had no particular intention, it counts as three divorces, unless he contests her decision in the case of delegated authority. This is Ibn al-Qāsim’s position in al-Mudawwana. The second is that she is likewise asked, during that sitting or afterwards, in cases of both choice and delegated authority. If she had no particular intention, it counts as one divorce, which takes effect