pronouncing divorce in a foreign language while not knowing its meaning. Our companions did not differentiate in this between whether the speaker is someone who has a convention for this wording or not. The manifest view is that if the speaker is someone whose convention is that "fi" (in) here is in the meaning of "ma'a" (with), three occur thereby, because his speech is construed according to their convention, and the manifest meaning of it is his intention, which is what comes to mind when understanding his speech. If he intends its requirement according to the arithmetic scholars, the Qadi said: Its requirement is not binding upon him, like an Arab who pronounces divorce in a foreign language and does not know its meaning. This is the statement of the majority of the companions of al-Shafi'i; because if he does not know its requirement, he did not intend its effectuation, and it is not valid for him to intend what he does not know.

Section: If he says: "You are divorced one divorce, nay, two divorces," two divorces occur; Ahmad explicitly stated this. The companions of al-Shafi'i said: Three occur, in one of the two views, because his saying "You are divorced" is an effectuation, and it is not permitted to effectuate one divorce twice, so it indicates that he effectuated it, then wished to rescind it, and effectuated two others, so three occur. Our position is that what he uttered before the retraction (idrab) is part of what he uttered after it, so he is not bound by more than what he uttered after it, like his saying: "He has a dirham upon me, nay, two dirhams." As for their saying: "It is not permitted to effectuate what he already effectuated," we say: It is permissible to inform of its occurrence, along with the occurrence of another, so the excess does not occur due to doubt. Ahmad said: If he says: "You are divorced, nay, you are divorced," it is one. This is the choice of Abu Bakr. The Qadi chose that two divorces occur, because he intended to rescind the first and effectuate the second, so the first did not become rescinded, and the second occurred. The aspect of the first [view] is that if he said: "He has a dirham upon me, nay, a dirham," one dirham is binding upon him. Likewise here. According to this view, if he intended by his saying "nay, you are divorced" another divorce, two occur; because he intended the effectuation of two divorces with two phrasings, so it occurred, as if he said: "You are divorced, [you are divorced]." The Qadi mentioned another possibility: that nothing occurs except