Section: If a non-Arab says: "Beheshtem besyar," his wife is divorced three times. Ahmad stated this, because its meaning is: "You are divorced many times." If he says: "Beheshim," meaning "it suffices," she is divorced once, unless he intends three, in which case it is three. Ahmad stated this in a narration from Ibn Mansur. Al-Qadi said: "Two narrations are derived from this, based on his statement: 'You are divorced,' because this is explicit and that is explicit, so they are the same." The correct view is that what he intends occurs, because its meaning is "I have released you," and through "I have released you," what he intends occurs; likewise here. It only became explicit due to the widespread usage of it for divorce and its designation for it, and that does not negate its meaning nor prevent acting upon it if he intended it. If he says, "I have separated from you," or "I have released you," and intends one, or uses it absolutely, it is one. If he intends three, it is three, because it is an action that can be used to express the few and the many; similarly, if he says: "I have divorced you."

Section: Divorce does not occur without the utterance of divorce, except in two situations: One of them is for someone who cannot speak, such as a mute person. If he divorces by gesture, his wife is divorced. Malik, al-Shafi'i, and the jurists (Ashab al-Ra'y) held this view. We know of no one who disagrees with them; this is because he has no way to divorce except by gesture, so his gesture stands in place of speech for others, just like in marriage. As for someone who is capable, his divorce by gesture is not valid, just as his marriage by it is not valid. If the mute person gestures with his three fingers to indicate divorce, she is divorced three times, because his gesture runs in the path of the utterance of others. If a speaker says: "You are divorced," and gestures with his three fingers, only one occurs because his gesture is not sufficient. If he says: "You are divorced like this," and gestures with his three fingers, she is divorced three times, because his saying