as for Maryam: 'al-batul' (the virgin), due to her separation from marriage. The Prophet (peace be upon him) forbade 'tabattul', which is the complete separation from marriage. Likewise, 'al-khaliyyah' (the vacant one) and 'al-bariyyah' (the free one) entail being vacant of marriage and free from it. When a term has a meaning that the Lawgiver has taken into account, it is considered regarding what it entails and what its meaning leads to. There is no way to achieve separation without the three [divorces], so they occur out of the necessity of fulfilling what the term entails. It is not possible for one [divorce] that is 'ba'in' (separating) to occur, because he cannot do that with a clear pronouncement of divorce; the same applies to its metonyms (kinayat). They did not differentiate between a woman with whom the marriage has been consummated and one with whom it has not, because the Companions did not differentiate, and because every term that necessitates three [divorces] in a woman with whom the marriage has been consummated also necessitates it in one with whom it has not, such as his saying: 'You are divorced three times.' As for the hadith of Rukana, Ahmad weakened its chain of narration, and for that reason, he abandoned it. As for his statement (peace be upon him) to the daughter of al-Jawn: 'Join your family,' it indicates that this term does not necessitate three [divorces], and it is not among the terms regarding which the Companions stated there were three [divorces], nor is it like them, so the ruling is limited to it. As for their statement that a metonym with [the intent of] intention is like a clear pronouncement, we say: Yes, but a clear pronouncement is divided into three [types]: one by which separation is achieved, and one below that by which separation is not achieved. Likewise, the metonym is divided similarly; among them are those that take the place of a clear pronouncement that achieves separation, which are these manifest ones, and among them are those that take the place of one [divorce], which is everything else. And Allah knows best.

Section: The Judge mentioned that the apparent [meaning] of the statements of Ahmad and al-Khiraqi is that divorce occurs by these metonyms without intention, like the statement of Malik, because their usage for it became well-known, so they do not require intention, like the clear pronouncement. The implication of al-Khiraqi's speech is that it does not occur except with intention, due to his saying: 'And when he utters a clear pronouncement of divorce'