this prolongs her waiting period, which Allah has forbidden by saying:
“Do not retain them to harm them and thereby transgress.” [al-Baqara: 231]
He may not, therefore, take her back with the intention of divorcing her; he may take her back only to have intercourse with her or to retain her as his wife. If he has intercourse with her during that period of purity, he may not divorce her during it. Thus, the first period of purity is intended for intercourse, and divorce is not permissible during it. In the second period of purity, he may choose between intercourse and divorce.
It has also been said that he is prohibited from divorcing her during the first period of purity as a punishment, rather than because of an operative reason: having pronounced divorce when it was not permissible, he is barred from doing so when it would otherwise be permissible. The first explanation, however, is correct, because the reason for the prohibition is present, as we have explained. Success comes only from Allah.
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According to Mālik, a man may not pronounce one divorce during each successive period of purity. In his view, this is an innovated form of divorce, contrary to the Sunnah, because the second and third pronouncements have no waiting period of their own. Allah Most High has permitted divorce only at the commencement of the waiting period, saying:
“Divorce them for their waiting period.” [al-Talāq: 1]
Ashhab permitted this on the basis of a report from Ibn Masʿūd, provided that the husband does not take her back in the meantime intending to divorce her again. He may not do that, because it prolongs her waiting period and harms her. Allah, exalted is He, has forbidden this, saying:
“Do not retain them to harm them and thereby transgress.” [al-Baqara: 231]
Abū Hanīfa also held this view. The correct position, however, is that of Mālik—may Allah Most High have mercy on him. It is also what is authentically reported from Ibn Masʿūd: divorce in accordance with the Sunnah consists of pronouncing one divorce at the beginning of a period of purity, then leaving her until her waiting period ends.
Ahmad ibn Khālid—may Allah Most High have mercy on him—criticized Sahnūn for including that report from Ibn Masʿūd in al-Mudawwana. He said: “Allah has created nothing more outrageous than this: he includes what contradicts his own school and what Mālik rejected, saying that he had never encountered anyone among the people of his city who was worthy of being followed and held this view.” Moreover, al-Hasan ibn ʿUmāra is a man whose reliability has been impugned.
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Likewise, according to Mālik—may Allah Most High have mercy on him—a man may not divorce his wife three times in a single utterance. If he does, however, all three divorces are binding upon him, as indicated by the words of Allah, mighty and majestic:
“These are the limits set by Allah. Whoever transgresses Allah’s limits has wronged himself. You do not know: perhaps Allah will bring about something new thereafter.” [al-Talāq: 1]
This refers to