Their evil did not refer to anyone but Abu Sufyan alone, and the best of them was the Prophet (peace and blessings of Allah be upon him) alone. This is regarding the [legal] judgment. As for what is between him and Allah the Almighty, he is bound by it; so whenever he knows within himself that he intended the stranger, his wife is not divorced, because the phrasing is susceptible to it, even if it is not restricted. If there were circumstantial evidence indicating his intent for the stranger, such as defending himself from oppression or freeing himself from something detestable by it, his statement is accepted in the [legal] judgment because of the presence of the diversionary indication. If he did not intend his wife nor the stranger, his wife is divorced, because she is the object of divorce, and the phrasing is susceptible to her and suitable for her, and he did not divert it away from her, so it occurred by it, as if he had intended her.
Section: If he had two wives, Hafsah and Amrah, and he said: "O Hafsah," and Amrah answered him, then he said: "You are divorced." If he had no intention, or intended the one who answered alone, she alone is divorced because she is the one divorced rather than anyone else. If he said: "I did not address anyone with my saying 'You are divorced' except Hafsah," and she was present, she alone is divorced. If he said: "I knew the one answering was Amrah, so I addressed her with the divorce, but I intended the divorce of Hafsah," both are divorced according to all of them. If he said: "I thought the one answering was Hafsah, so I divorced her," then Hafsah is divorced, according to a single narration, and regarding Amrah there are two narrations: one of them is that she is also divorced. This is the opinion of al-Nakha'i, Qatadah, al-Awza'i, and the scholars of opinion, and it was chosen by Ibn Hamid, because he addressed her with the divorce and she is an object for it, so she is divorced, as if he had intended her. The second is that she is not divorced, which is the opinion of al-Hasan, al-Zuhri, and Abu Ubayd. Ahmad said, in a narration by Muhanna, regarding a man who had two wives, and he said: "So-and-so, you are divorced," and she turned, and it was someone other than the one he swore upon. He said: Ibrahim said: "Both are divorced." And al-Hasan says: "The one he intended is divorced." It was said to him: "What do you say?" He said: "The one he intended is divorced." Its reasoning is that he did not intend her with the divorce, so she is not divorced, as if he intended to say: "You are pure," but his tongue slipped and he said: "You are divorced."
(10) In the original manuscript: "sharrukuma" (the evil of the two of you). (11) Omitted from the original manuscript.
