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Divorce is of two kinds: Sunnah-compliant (ṭalāq sunnī) and innovated (ṭalāq bidʿī). The innovated form is forbidden. It occurs, for example, when a man divorces a wife with whom he has had intercourse while she is menstruating. A further opinion maintains that it remains forbidden even if she herself requests the divorce. A khulʿ (divorce for compensation) may, however, be concluded with her during her menses—though not with an unrelated woman—according to the sounder view.

If he says, “You are divorced at the end of your present menses,” the divorce is deemed Sunnah-compliant according to the stronger opinion. If he says, “at the end of a purity during which I have not lain with you,” it is classed as innovated under the school’s doctrine, because the divorce will in fact occur at the onset of her next menses. Likewise, divorcing her in a purity during which he has had intercourse with her—when pregnancy is still possible but not yet apparent—is bidʿī. Thus, if he has intercourse with her while she is menstruating, and once she is pure he divorces her, that too is innovated according to the sounder opinion. By contrast, a khulʿ in that situation is permissible, as is divorcing a wife whose pregnancy is already evident.

Whoever pronounces an innovated divorce is recommended to revoke it, and may, if he wishes, divorce her again after a proper period of purity.

If he says to a menstruating wife, “You are divorced in the bidʿah manner,” the divorce takes effect immediately. If he says, “according to the Sunnah,” it takes effect when she becomes pure.

Should he address a wife who is in a purity during which he has not touched her with the words, “You are divorced according to the Sunnah,” it takes effect at once. But if he has touched her in that purity, it only takes effect when she becomes pure after a menstrual period. If he says, “for the bidʿah,” it takes effect immediately if he has touched her in that purity; otherwise it takes effect when she next menstruates.

If he says, “You are divorced—a fair divorce,” or “the best divorce,” or “its finest form,” the ruling is that it resembles a Sunnah-compliant divorce. If he says, “an ugly divorce,” or “the ugliest divorce,” or “thrice,” or “its most atrocious form,” it is treated as an innovated divorce. Likewise, if he combines contradictory expressions such as “a Sunnah that is bidʿah,” or “a good ugly divorce,” the divorce takes effect immediately.

Combining several divorces in a single sitting is not, in itself, unlawful. If he says, “You are divorced three times for the Sunnah,” and then explains that he meant to distribute them over successive menstrual cycles, his explanation is accepted only from someone who believes that combining the divorces is forbidden; the sounder view is that, in any case, he remains answerable before Allah.

The same principle applies when a man says, “You are divorced,” and later claims, “I meant: if you enter, or if Zayd so wishes”—he is accountable before Allah for the intention he alleges.

If he says, “My wives are divorced,” or “Every woman married to me is divorced,” and then claims that he intended only some of them, the correct view is that his claim is not accepted in outward legal proceedings unless there is a contextual indication—for example, when one of them files suit alleging, “He married me,” and he responds, “Every woman I have is divorced,” intending a woman other than the litigant.

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If he says, “You are divorced in such-and-such month,” or “at its crescent,” or “at its beginning,” the divorce takes effect at the very first instant of that month; likewise, if he says, “during its daytime,” or “at the beginning—”