Some scholars are of the view that it does not take effect, citing the following evidence:

First: a hadith narrated by Abu Dawud with an authentic chain of transmission, stating that the Prophet returned her to Ibn Umar and did not regard it as anything (1). They said that this means he did not consider it to be anything.

Second: the Prophet said: “Whoever performs an act that is not in accordance with our command, it is rejected” (2). Divorce outside the prescribed waiting period is an act not commanded by Allah and His Messenger; it is therefore to be rejected. Were we to validate that which is not in accordance with the command of Allah and His Messenger, we would be opposing Allah and His Messenger in judgment. Allah says, “Do not do it,” while we say, “Do it, and we shall validate it!”

They objected to this by saying that zihār is an abominable and false statement; it is unquestionably unlawful, yet it is valid and its legal rulings ensue. The man who pronounces zihār is told, “Do not approach her until you do what Allah has commanded you to do.” Divorce during menstruation is likewise an abominable and false statement, so its legal consequences ensue, and we tell the man: “We have counted it against you.”

They replied that zihār can only be an abominable act; likewise, the legal consequences of adultery ensue even though it is abominable. Divorce, by contrast, may be abominable, or it may be permissible. When it is done in the permissible manner, it is done in accordance with the command of Allah and His Messenger; but when it is done in a manner other than the permissible one, it is done contrary to the command of Allah and His Messenger, and the hadith applies to it. Thus, it has two states: one in conformity with the Sacred Law and one in violation of it. If it is done in the manner that conforms to the Sacred Law, it is effective; if it is done in the manner that violates it, it is not effective. As for that which does not