Section: If he says: "Whenever I divorce you with a divorce in which I possess the right of return, you are divorced." [Then he says: "You are divorced."] She is divorced twice; one by the immediate act and the other by the stipulation, unless the divorce is in exchange for consideration (iwad), or she is one with whom consummation has not taken place, in which case a second [divorce] does not occur because of it; for she becomes irrevocably divorced (tabinu) by the divorce he initiated directly, so he does not possess the right of return. If he then divorces her twice, she is divorced a third time. Abu Bakr said: "It is said she is divorced, and it is said she is not divorced." My preference is that she is divorced. The Shafi'i companions said: "The third [divorce] does not occur; because if we were to cause it to occur, he would not possess the right of return, and the condition for her divorce would not be met, which leads to circular reasoning (dawr), so it is severed by preventing its occurrence." Our argument is that it is a divorce in which the number was not completed without consideration in the case of one with whom consummation has taken place, so that which follows it occurs, just as the first did. The impossibility of the return here is due to his inability to do so, not the lack of ownership, just as if he divorced her once and then fainted immediately thereafter; the second [divorce] would occur even if the return were impossible due to his inability. If the divorce is in exchange for consideration, or she is one with whom consummation has not taken place, no divorce occurs by it except the one he initiated directly, because he does not possess the right of return. If he says: "Whenever a divorce falls upon you in which I possess the right of return, you are divorced." Then he causes a divorce to fall upon her by immediate act or stipulation, she is divorced three times. According to them, she is not divorced, for the reason we mentioned in the preceding case. If he says to his wife: "If I divorce you with a divorce in which I possess the right of return, you are divorced three times." Then he divorces her, she is divorced three times. Al-Muzani said: "She is not divorced." This is the analogy of the Shafi'i companions' position, for the reason stated previously.

Section: If he says to his wife: "If I divorce you, or if my divorce falls upon you, you are divorced three times before it." There is no explicit text (nass) regarding this. The Qadi said: "She is divorced three times; one by the immediate act, and two from the conditional [divorce]." This is the analogy of al-Shafi'i's position and the opinion of some of his companions. Ibn 'Aqil said: "She is divorced