Section
Divorce includes divorce in accordance with the Sunnah, which Allah Most High has permitted, and divorce contrary to the Sunnah, which Allah has forbidden. Divorce in accordance with the Sunnah means pronouncing a single divorce after a woman’s menstruation has ended, before having intercourse with her, or divorcing her while she is visibly pregnant. If he divorces her during menstruation, or has intercourse with her and then divorces her before her pregnancy becomes apparent, this is “prohibited divorce” according to the Quran, the Sunnah, and the consensus of the Muslims. Scholars hold two views on whether it takes effect. The stronger view is that it does not.
If he pronounces three divorces in one statement or several statements during a single period of purity, before taking her back—for example, saying, “You are divorced three times,” “You are divorced a thousand times,” or “You are divorced; you are divorced; you are divorced,” or similar words—this is prohibited according to the majority of earlier and later scholars. It is the position of Mālik, Abū Hanīfah, and Ahmad, and is the apparent position of his school.
Likewise, if he pronounces three divorces before her waiting period has ended, this too is prohibited according to most scholars. It is the position of Mālik and the apparent position of Ahmad’s school.
The Sunnah, however, is that after pronouncing a single divorce, he does not divorce her a second time until he has either taken her back during the waiting period or remarried her under a new marriage contract after the waiting period. He may then divorce her a second time