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- Concerning the rulings of divorce and waiting periods, Allah the Exalted says, “Divorce may be pronounced twice…” (al-Baqarah 2:229) up to His words, “And know that Allah is aware of all things” (al-Baqarah 2:231). He also says, “O Prophet, when you divorce women, divorce them at the commencement of their waiting period” (at-Talāq 65:1) and the following verses.
Allah has set down the regulations for separation just as He set down the regulations for marriage and entering into it. We have already seen that He, exalted be He, encouraged the husband to be patient with his wife for as long as he can. Here He clarifies that if divorce becomes necessary, the husband must pronounce it in a way that allows the waiting period to begin immediately. He therefore gives a single pronouncement during a period of purity in which he has not had intercourse with her, or divorces her when she is manifestly pregnant, or when she is past menstruation, or still pre-pubescent; in all these cases the waiting period starts clearly and unmistakably.
Whoever pronounces more than one divorce at the same time, or divorces his wife while she is menstruating or in postpartum bleeding, or during a period of purity in which he has had marital relations with her and her pregnancy is not evident, has sinned and overstepped the limits set by Allah.
When the husband divorces her in the legislated manner, he retains the right to take her back for as long as she remains in her waiting period, as Allah the Most High says, “Their husbands have a better right to take them back during that period if they desire reconciliation” (al-Baqarah 2:228), whether she is pleased with that or not.
The divorce that leaves the husband able to take his wife back is a single or double pronouncement given without any compensation.
If, however, he pronounces a third divorce, she becomes unlawful for him until her waiting period ends, she marries another man out of genuine desire rather than as a mere formality, he consummates the marriage and later divorces her of his own accord, and she completes her waiting period from him. Only then may the first husband marry her again—with her consent and with all the remaining conditions of marriage, such as a guardian, a bridal gift, and so forth, being fulfilled.