10 – The Minister (Ibn Hubayra) said: There is unanimous agreement that divorce is disliked when the marriage is sound, except according to Abū Ḥanīfah, who considers it unlawful in that situation.
11 – All five legal rulings apply to divorce:
(a) It is permissible when there is need for it, such as the wife’s ill-temper.
(b) It is recommended when the wife is harmed by the continuation of the marriage—the very circumstance that drives her to seek khulʿ (redemptive divorce).
(c) It is obligatory if a husband who has sworn an oath of abstinence (mūlī) refuses to resume marital relations; the correct view is that it is likewise obligatory when either spouse abandons chastity, neglects the prayer, or fails in other rights of Allah Almighty.
(d) It is forbidden when carried out in an innovated manner: pronouncing divorce while the wife is menstruating or in postpartum bleeding, or during a period of purity in which intercourse occurred, or declaring three divorces in a single utterance, or in successive statements unbroken by a new marriage or a revocation.
(e) It is disliked when there is no need for it.
Benefits:
First: The four Imams agree that the divorce of a man who becomes intoxicated through his own sin takes effect, and he is liable for all his words and deeds. A second report from Imām Aḥmad holds that his divorce does not take effect; this was chosen by Ibn ʿAqīl, al-Muwaffaq, the commentator, Shaykh Taqī al-Dīn, and Ibn al-Qayyim, and a number of the Successors adopted it as well. Al-Zarkashī said, “The proofs for this report are stronger.” This opinion was preferred by the two shaykhs: Muḥammad ibn Ibrāhīm and ʿAbd al-Raḥmān al-Saʿdī.
Second: Ibn al-Qayyim said that anger is of three levels:
1 – Its initial stirrings, when a person senses anger’s onset yet his reason is unaffected; in this case there is no dispute that