Advanced At-Talaq Surah: At-Talaq (1)

Verse: "O Prophet, when you divorce women, divorce them for their waiting period." (65:1)

Meaning of "for their waiting period": At a time from which the iddah begins — meaning in a state of purity not following intercourse. This is called "the Sunni divorce."

Bid'i (innovated) divorce:

1. Divorce during menstruation — established by the verse and the hadith of Ibn Umar who divorced during menses; the Prophet commanded him to take her back. (Bukhari 5251)
2. Divorce in a purity period following intercourse — because pregnancy cannot be determined.

Does the bid'i divorce take effect? A well-known disagreement:

• Majority (Maliki, Shafi'i, Hanbali): it takes effect but is sinful.
• Ibn Taymiyyah, Ibn al-Qayyim, and Zahiris: it does not take effect — the prohibition indicates invalidity.

Wisdom of Sunni divorce: Enabling the wife to prepare for the waiting period — and giving the husband a chance to reconsider before the purity ends.

Source: Al-Mughni (7/342); Al-Qurtubi (18/146); Ibn Taymiyyah, Al-Talaq (p.34); Al-Bukhari (5251)

Tags: الطلاقالحيضالعدةالطلاق السنيخلاف الفقهاء