Musannaf Ibn Abi Shaybah

Samit Sudusi (may Allah have mercy on him) narrates that I sent a marriage proposal for a woman. They said to me, "We will not marry you until you divorce your wife." I gave my wife three divorces. They arranged my marriage. After the marriage, they saw that my wife was still with me. They said, "Did you not divorce your wife?" I said, "I did." The woman in my marriage was so-and-so daughter of so-and-so; I divorced her, not this one. Then I went to Shaqiq bin Mujza’ah, who intended to go to Hazrat Uthman (may Allah be pleased with him). I said to him, "Ask the Commander of the Faithful about this matter." He asked, and Hazrat Uthman said, "The intention is what counts."

Hazrat Tawus was asked that a man was sitting with his wife on a pillow, and the man, addressing his wife but intending the pillow, said, "You are divorced." What is the ruling? Hazrat Tawus (may Allah have mercy on him) said that the intention will be taken into account.

Ibrahim (may Allah have mercy on him) said that whatever intention is made regarding divorce, that is what takes effect.

Hazrat Ata (may Allah have mercy on him) says that if a man says to his wife, "I have set you free," and his intention was divorce, then divorce will take place.

Hazrat Masruq (may Allah have mercy on him) says that whatever intention is made regarding divorce, that is what happens.

Hazrat Abu Thamamah (may Allah have mercy on him) narrates that Kinanah bin Naqab (may Allah have mercy on him) was married to a woman, from whom he had children during the period of ignorance. Kinanah said to this woman, "The part of your body above your stomach is free." That woman brought this dispute to Hazrat Abu Musa (may Allah be pleased with him). Hazrat Abu Musa (may Allah be pleased with him) asked the man, "Did you intend divorce?" He replied, "Yes." Hazrat Abu Musa (may Allah be pleased with him) said, "Then we have separated her from you."

Hasan (may Allah have mercy on him) says that if a man, intending to divorce his wife, says to her, "You are free," then one divorce will take effect, and he has more right to take her back.

Hazrat Isa bin Hattan says that Rayyan bin Sabrah Hanafi (may Allah have mercy on him) was sitting in the mosque of his tribe. He picked up a date stone and said three times, "The date stone is divorced." This case was presented before Hazrat Ali (may Allah be pleased with him). He asked him, "What was your intention?" He replied, "I intended to divorce my wife." So Hazrat Ali (may Allah be pleased with him) separated them.

A man was brought to Hazrat Ibn Masood (may Allah be pleased with him) who had said to his wife, "Your rope is on your neck." Hazrat Ibn Masood (may Allah be pleased with him) wrote a letter to Hazrat Umar (may Allah be pleased with him) regarding this matter. Hazrat Umar (may Allah be pleased with him) replied, "Tell him to meet me during the Hajj season." That man came during the Hajj season. Hazrat Umar (may Allah be pleased with him) called Hazrat Ali (may Allah be pleased with him). Hazrat Ali (may Allah be pleased with him) said to the man, "I ask you by Allah, what was your intention?" He said, "My intention was to divorce my wife." Hazrat Ali (may Allah be pleased with him) separated the two of them.