she does so, because divorcing her is more abhorrent to him than her remaining in that condition. He has therefore made divorce conditional upon that act to prohibit and prevent it, not to make divorce take effect. Such a man is swearing an oath, not pronouncing an effective divorce. This is the oath-taker referred to in the Book and the Sunnah, for whom expiation suffices. People swear using the form of an oath, and they may also swear using a conditional expression that conveys the same meaning. If this is understood, the two are equivalent by scholarly consensus. And Allah knows best.

He—may Allah Most High have mercy on him—also said, after discussing the three foundations upon which rulings concerning the fundamentals of religion rest—the Book, the Sunnah, and consensus—as mentioned earlier:

Section

“Divorce is of two types”

One type Allah has permitted, and another He has forbidden. The permitted type is for a man to divorce his wife, if she menstruates, after her menstruation has ended and before he has intercourse with her. This is called “divorce in accordance with the Sunnah.” If she does not menstruate, he may divorce her whenever he wishes. He may also divorce her while she is pregnant, once her pregnancy has become evident.

If he divorces her during menstruation, or during a period of purity after having intercourse with her, this is a forbidden divorce according to Muslim consensus. Scholars hold “two views” as to whether it takes effect. The stronger view is that it does not take effect.