it counts as one divorce unless she intends three. This concerns the disagreement between Ibn al-Qāsim and Ibn Wahb over a creditor who makes his debtor swear by divorce that he will pay him what he owes by a specified deadline, where the creditor says, “I intended three divorces,” and the debtor says, “I intended one.” He argued: “Had this expression necessarily meant three divorces according to Ibn al-Qāsim, he would not have said that the creditor’s statement should be accepted. Rather, he would have ruled that it amounted to three, whether or not the creditor said that he intended them. Likewise, had it necessarily meant three divorces according to Ibn Wahb, he would not have said that the debtor’s statement should be accepted.”

Yet what he cites provides no evidence for his position. As we have explained, the expression may be intended to mean either one divorce or three. Ibn al-Qāsim counted it as three on the basis of the intention of the person to whom the oath was sworn, while Ibn Wahb counted it as one on the basis of the intention of the person taking the oath. There is no difficulty when there is an intention to mean one or three; the difficulty arises only when there is no particular intention. The correct conclusion, according to Ibn al-Qāsim’s position in al-Mudawwana, is what I have stated.

He also supported his position by citing the words of Allah, Almighty and Majestic:

“Divorce is twice.” [al-Baqarah: 229]

He further cited the report of Zabrā’, who said: “I said, ‘It is divorce, then divorce, then divorce,’ and thus became separated from him by three divorces.” The verse provides no support for his argument, whereas the report does afford him some basis for it. Al-Lakhmī said:

“If someone asks, ‘Why, when she is given the choice, does it not count as three divorces if she says, “I have chosen divorce,” without any particular intention, since her choice extends only to three divorces?’ he should be told: ‘You would then have to say the same when, on being given the choice, she says, “I have divorced myself,” without any particular intention: [that it counts as three divorces, since her choice extends only to three divorces. Yet it is untenable to count her saying, “I have divorced myself,” without any particular intention,] as three divorces.’”

I say: It is not untenable. Asbagh holds that it counts as three divorces where authority has been delegated to her, so how much more so where she has been given the choice! This is also Ibn al-Qāsim’s position in al-Mudawwana.