so they began to utter it as a fresh pronouncement rather than as emphasis. Their statement indicates that the disagreement encompasses both saying, “You are divorced three times,” and saying, “You are divorced; you are divorced; you are divorced.”
“If a man divorces a wife with whom he has consummated the marriage during menstruation, or during a period of purity in which he had intercourse with her, then it is an irregular divorce …”
His statement, “If he divorces,” means: the husband.
His statement, “a wife with whom he has consummated the marriage”: Had the author said, “a woman upon whom a waiting period is required,” it would have been more comprehensive, because a waiting period is required of a woman if the marriage has been consummated with her—that is, if he has had intercourse with her, been in seclusion with her, touched her with desire, or kissed her—according to what has preceded in the chapter on the bridal gift.
His statement, “during menstruation or during a period of purity in which he had intercourse with her,” means: if he divorces a woman upon whom a waiting period is required due to consummation or seclusion, and whose pregnancy has not become evident, during menstruation or during a period of purity in which he had intercourse with her.
His statement, “then it is an irregular divorce,” means: it is a divorce contrary to the sunnah. Is it prohibited or not? The answer is that it is prohibited. The evidence for its prohibition is the saying of Allah, Exalted is He: “O Prophet! When you divorce women, divorce them at the beginning of their waiting period” [al-Talaq 65:1].
“Divorce them” is an imperative verb, and “at the beginning of their waiting period” may mean at its appointed time, or it may indicate causation. However, the former is more evident, because the waiting period follows from divorce and is not its cause. This is like His saying: “Establish prayer at the decline of the sun” [al-Isra’ 17:78], although in that case the sense of causation is clearer, since the time of prayer is both a time and a cause. Here, however, it is merely a time. This is further supported by another recitation—though it is not one of the seven canonical recitations—“Divorce them at the outset of their waiting period” (1), that is, as it begins. This shows that the preposition indicates time, meaning: