and, when expressed in another wording, as not counting as one of the three. Because of this perceived inconsistency, he refrained from preferring that view.

Yet neither he nor anyone else reported this inconsistency from any of the early scholars who held that view, or from their followers, such as Ahmad ibn Hanbal and the early scholars of his school. Only some later scholars of Ahmad’s school maintained this distinction, having found that others distinguished between the wording of divorce and other expressions. Some of those scholars, such as Muhammad ibn Nasr and al-Tahāwī, stated that they knew of no disagreement on this matter.

Only some later scholars of Ahmad’s school maintained this distinction. What is transmitted from the early scholars, without exception, is either that khulʿ is an irrevocable separation, not a divorce, or that it is a divorce. I have not seen any statement from any of them distinguishing between one wording and another, or requiring the absence of an intention to divorce. Rather, they would say, as ʿIkrima did, “Any separation rendered valid by payment is not a divorce,” and use similar expressions. These show that they considered the purpose of the contract, not a particular wording. Distinguishing between one wording and another contradicts both established principles and the scriptural texts.

Those who regard all such separations as divorce invoke the invalidity of this distinction to reject the position supported by the Quran and Sunnah. Indeed, adopting this distinction would provide one of the strongest arguments against the position of those who consider khulʿ an annulment. This is why al-Shāfiʿī—may Allah be pleased with him—refrained from preferring that position: it appeared to him that its proponents made this distinction.

Moreover, the Sunan collections relate:

“Fayrūz al-Daylamī accepted Islam while married to two sisters. The Prophet, may Allah bless him and grant him peace, said to him, ‘Divorce whichever of them you wish.’ He said, ‘I then turned to the one I had married first and parted from her.’”

This is a sound hadith. The Prophet, may Allah bless him and grant him peace, thus commanded him to divorce one of them. According to al-Shāfiʿī and Ahmad, this separation is irrevocable and is not