If a woman who no longer menstruates is neither subject to Sunnah-compliant nor innovated divorce, then this applies all the more to one who is certain never to menstruate—for example, a woman who undergoes uterine surgery in which her womb is removed. We know that such a woman will not menstruate; accordingly, her divorce is neither Sunnah-compliant nor innovated. Her husband may divorce her even if he has had intercourse with her, because she has no menstruation by which to observe a waiting period. As for a woman whose menstruation has ceased because she is breastfeeding, her divorce may be Sunnah-compliant or innovated, because she is not deemed to have ceased menstruating permanently. Likewise, a woman whose menstruation has stopped due to illness is not deemed to have ceased menstruating permanently; thus, her divorce may be Sunnah-compliant or innovated.

His statement, “or a woman whose marriage has not been consummated,” means that there is neither Sunnah-compliant nor innovated divorce in the case of a woman whose marriage has not been consummated. Had the author added, “or with whom seclusion has not taken place,” or instead said, “a woman upon whom no waiting period is due,” that would have been preferable and more comprehensive. That is, there is neither Sunnah-compliant nor innovated divorce for a woman who is not required to observe a waiting period. This includes a woman divorced before consummation, seclusion, sexual contact, and the like, as discussed previously in the chapter on dowry. In other words, if a woman is not required to observe a waiting period following divorce, then her divorce is neither Sunnah-compliant nor innovated, because Allah, Exalted is He, says: “Divorce them for their waiting period” [65:1]. Such a woman has no waiting period; therefore, if she has no waiting period, divorce her whenever you wish. Thus, if a man marries a woman, concludes the marriage contract with her but does not consummate the marriage, then divorces her a month later while she is menstruating, the divorce is not unlawful; rather, it is permissible, and he incurs no blame, because this woman has no waiting period. Allah, Mighty and Majestic is He, says: “Divorce them for their waiting period.”

His statement, “or a woman whose pregnancy has become apparent,” likewise means that her divorce is neither Sunnah-compliant nor innovated, because when a man divorces her, he has divorced her for her waiting period: her waiting period is delivery, even if she menstruates, since some women continue to menstruate