a separation that does not count toward the three divorces. He is not required to divorce her using the explicit formula for such a divorce; rather, according to them, he separates from her without using the word “divorce.” As for using that word, they have a discussion concerning it which we shall mention, Allah willing.

The same applies to what is reported in the hadith of Ghaylān:

“Keep four and part with the rest.”

He is not required to separate from them in a manner that counts toward the three divorces. The jurists among the followers of al-Shāfiʿī and Ahmad have differed …

There are several grounds demonstrating that the Prophet, may Allah bless him and grant him peace, did not intend that he divorce her using the explicit formula for a divorce counting toward the three, but intended separation instead.

First: In the other hadith, he said:

“Choose four of them.”

This indicates that choosing four of them is sufficient, without any need to initiate a divorce of the remaining women. Had separating from them counted toward the three divorces, he would have needed to perform an act that effects divorce. This is like saying, “By Allah, I shall divorce one of my two wives.” He must then actually effect a divorce of one of them. If he merely said, “I choose this one,” that alone would not constitute a divorce of the other—unless, of course, it is argued that such words could effect a divorce of the other wife when accompanied by that intention.

Second: Any wives beyond four are forbidden to him by Islamic law, and a woman who is forbidden to him by Islamic law does not require a divorce. However, since the woman who is forbidden has not been individually specified, he has the authority to determine which one she is.