through doubt, and we do not depart from the principle except with certainty. According to al-Shafi'i, it is the same as his statement: 'You are to me forbidden,' they are identical.

1269 - Issue: He said: (And if he divorces her with his tongue, and makes an exception in his heart, the divorce occurs, and the exception does not benefit him.)

The sum total of this is that what is connected to the wording—whether it be a circumstance (qarinah) or an exception (istithna')—falls into three categories. The first is that which is not valid, neither in speech nor in intention, and this is of two types. The first is that which negates the ruling of the entire statement, such as if he says: 'You are divorced three times, except for three,' or: 'You are divorced with a divorce that is not binding upon you,' or: 'It shall not occur to you.' This is not valid either in its wording or in its intention; because it negates the ruling of the entire statement, rendering the whole thing futile (laghw). This is not valid in language by consensus, and if it is as such, the exception and the condition fall away, and the divorce occurs.

The second category is that which is accepted in terms of wording, but not in terms of intention, neither in legal judgment nor between him and Allah Almighty. This is the exception of the lesser [part]. This is valid in terms of wording, because it is from the tongue of the Arabs, but it is not valid by intention, such as if he says: 'You are divorced three times,' and makes an exception in his heart: 'Except for one,' or more. This is not valid; because the number is a clear text (nass) regarding what it encompasses, not admitting anything else. Thus, that which is established by the clear text of the wording cannot be removed by intention, for the wording is stronger than the intention. If he intended two by [the word] 'three,' he would be using a word in a way it is not suited for, so the implication of the wording occurs, and his intention is rendered futile. It was narrated from some Shafi'is that it is accepted between him and Allah Almighty, just as if he said: 'My wives are divorced,' and made an exception in his heart: 'Except for such-and-such [woman].' The difference between them is that 'my wives' is a general noun that allows expression for some of what it was posited for, and the general has been used in place of the specific many times. So, if he meant a part by it, it is valid. His statement 'three' is a number word for three, which does not allow expression for a different number, nor does it admit anything else in any way. So, if he intended two by that, he has intended by the wording that which it does not admit. Intention only acts upon diverting a word that is capable of multiple meanings to one of those meanings. As for that which...