when she is in the opposite state: if she is in a Sunnah-compliant state, the innovated divorce is deferred; and if she is in an innovated state, the Sunnah-compliant divorce is deferred.
It thus becomes clear that if he says, “You are divorced in accordance with the Sunnah,” the divorce takes effect immediately if she is in a state of purity during which he has not had intercourse with her. But if she is menstruating, or is in a period of purity during which he has had intercourse with her, it is deferred until she is in the Sunnah-compliant state. This applies to women other than these four categories; as for those four, the ruling is as stated above.
In summary, according to the madhhab, these women may be divorced without waiting. A woman with whom the marriage has not been consummated may be divorced even while menstruating, since she is not required to observe a waiting period.
A minor and a woman who has ceased menstruating may likewise be divorced immediately, even if he has had intercourse with them. The evidence is Allah’s saying: “Divorce them for their waiting period.” Their waiting period—whether they have ceased menstruating or are minors—is three months, beginning from the divorce; thus, he has divorced them for their waiting period. As for a pregnant woman, the evidence that her divorce takes effect and that divorce is neither Sunnah-compliant nor innovated in her case is Allah’s saying: “And those who are pregnant—their term is until they deliver their burdens.” [al-Talaq: 4] From the moment he divorces her, she begins her waiting period.
“The explicit form is the word ‘divorce’ and its derivatives—except the imperative, the imperfect verb, and the feminine active participle. Divorce takes effect thereby, even if he does not intend it, whether he is serious or joking, ………………
His statement, “The explicit form,” means the explicit wording of divorce. Here, there are explicit expressions and allusive expressions. The criterion for an explicit expression is that it admits no meaning other than its own, whereas an allusive expression may bear that meaning as well as another.
His statement, “The word ‘divorce’ and its derivatives”: the word ‘divorce’ includes, for example, his saying, “You are divorced,” or, “You are divorce.” If he says, “You are divorce,” she is divorced, because talaq is a verbal noun, while the verbal noun in its original form is tatliq. Thus, when he says, “You are divorce,” he has made her divorce itself, by way of emphasis; or we may take it as