Or he resorts to some of the aforementioned stratagems, as devised by certain muftis. These plainly entail mockery of Allah’s revelations, attempts to deceive Him, scheming within His religion and plotting against Him, weakness of intellect and faith, transgression of His limits, violation of His prohibitions, and deviation concerning His revelations. Even if some of our fellow jurists consider certain such practices permissible, errors have entered into this matter whose harmfulness is evident to anyone who reflects on the true nature of the religion—even if those errors are forgiven when committed by a God-fearing scholar exercising independent judgment.

Or he neither resorts to a stratagem nor does what he swore to do, but instead divorces his wife, as a person who fears Allah does if he believes that the divorce takes effect. This entails harm to religion and worldly life that neither Allah nor His Messenger permits.

As for “harm to religion,” scholars agree that divorce is prohibited or discouraged when the husband’s conduct is sound. Indeed, the Prophet, may Allah bless him and grant him peace, said:

“Women who seek divorce in return for compensation and those who seek to break free of their marriages are hypocrites.”

He also said:

“Any woman who asks her husband for divorce without any hardship warranting it will be forbidden even the fragrance of Paradise.”

The scholars have differed over whether such divorce is forbidden or merely disliked, and two positions are reported from Ahmad. They have also commended Ahmad’s answer—may Allah be pleased with him—when he was asked about a man who swore, invoking divorce and a declaration of prohibition, that he would have intercourse with his wife while she was menstruating. He replied:

“He should divorce her and not have intercourse with her. Allah has permitted divorce and forbidden intercourse with a menstruating woman.”

Commending this answer is justified on either of two grounds: either on the basis of his view that divorce is not forbidden, or on the basis that its prohibition is less severe than the prohibition of such intercourse. Otherwise, if both are forbidden, he has merely left one forbidden act for another.