that his stated intention was genuine—for example, if his words were spoken in response to a request to release her from bonds in which she had been held. There are two opinions on whether knowledge that she had been bound constitutes evidence of his truthfulness. If he comes seeking a legal opinion, his account is accepted in all circumstances, except according to the view that the utterance alone, without intention, effects divorce. Both positions can be derived from al-Mudawwana.
If he uses wording whose apparent meaning is three divorces, then says, “I did not intend three,” there are two cases. In the first, his claim is not accepted either before or after consummation—for example, if he says, “You are irrevocably separated from me.” In the second, his claim is accepted before consummation but not afterwards—for example, if he says, “You are free,” “You are quit of me,” “You may go your own way,” or similar expressions.
As for ambiguous wording, his stated intention is accepted in all circumstances. If he had no particular intention, the wording is construed according to its most apparent meaning. This falls into five categories:
The first is wording that may or may not be intended to effect divorce, [with the more apparent meaning being that divorce is not intended]. It is construed accordingly if he had no particular intention.
The second is wording that may or may not be intended to effect divorce, with the more apparent meaning being that divorce is intended. It is construed accordingly if he had no particular intention.
The third is wording that may mean three divorces or one, with its more apparent meaning being [one divorce, both before and after consummation. It is construed accordingly if he had no particular intention. The fourth is wording that may mean three divorces or one, with its more apparent meaning being] three divorces, both before and after consummation. It is construed accordingly if he had no particular intention.
The fifth is wording that may mean three divorces or one, with its more apparent meaning being one divorce before consummation and three afterwards. It is construed accordingly if he had no particular intention.
An example of the first is his saying to his wife, “You are no wife of mine,” or “You are not my wife.” An example of the second is his saying to her, “There is no marriage between us,” or “I have no marital authority over you.” An example of the third is his saying to her, “I have divorced you,” “You are divorced,” or similar expressions. An example of the fourth is his saying to her, “You are divorced; you are divorced; you are divorced.” An example of the fifth is his saying to her, “I have let you go,” “I have released you,” or “I have parted from you.” This is a sound classification