يَٰٓأَيُّهَا ٱلنَّبِيُّ إِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ
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:
- 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)
- 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.
Question: What is meant by Sunni divorce? Does divorce during menstruation take effect according to the majority?
Answer: Sunni: in a purity period without preceding intercourse. Majority: divorce during menses takes effect but is sinful. Ibn Taymiyyah: it does not take effect.