Third: It may be said that Allah has described in His Book the distinctive features of divorce, which are absent from this separation. Allah Most High says:
“Divorced women shall wait for three cycles,”
up to His words:
“And their husbands have a greater right to take them back during that period.”
He thus gives the husband of a divorced woman the greater right to take her back during her waiting period. Yet he cannot choose any of the wives beyond four during their waiting period—unless someone were to say that, during that period, he may take back one of the women from whom he has separated and divorce another in her place. I know of no one who holds this view.
Fourth: Allah says:
“Divorce is twice; then either retain her honourably or release her graciously.”
Thus, after two divorces, He allows the husband either to retain her honourably or to release her graciously. This option is not available to him regarding the wives beyond four once he has separated from them—unless it is said that he may take one back on condition that she replaces another wife.
Fifth: Allah says:
“When you divorce women, divorce them at the prescribed time for their waiting period.”
This separation, however, is not tied to the waiting period. Rather, upon embracing Islam, he must part with any wives beyond four. This is clear evidence.
Sixth: He says:
“Do not turn them out of their homes, nor should they leave, unless they commit a blatant indecency.”
This separation is not of that kind.
Seventh: He says:
“When you divorce women and they have reached the end of their waiting period, do not prevent them from marrying their former husbands if they mutually agree on honourable terms.”
This separation is not of that kind.