2. GENERAL PROVISIONS CONCERNING DIVORCE
A free man has three pronouncements of divorce (because of the word of Allah Most High,
“Divorce is two times, then retain with kindness or graciously release” (Koran 2:229),
and when the Prophet (Allah bless him and give him peace) was asked about the third time, he said,
“It is Allah’s having said, ‘or graciously release’ “.
It is offensive to make a pronouncement of divorce when there is no need (need including when the wife has displeasing qualities or morals), to make three pronouncements (even if separate) being more offensive, and combining them in one interval of purity between menstruations even more offensive.
There are various categories of divorce: sunnah, unlawful innovation, and that which is neither Sunna nor unlawful innovation.
The sunnah is to make a pronouncement of divorce in an interval between menstruations in which no sexual intercourse with the wife has taken place.
Unlawful innovation consists of either making a pronouncement of divorce during the woman’s menstrual period when this is not for payment (from the wife in exchange for the husband’s releasing her from marriage, though if the divorce is in exchange for a sum paid by the wife, it is not unlawful innovation because it implies that she accepts that the waiting period should be thus prolonged or else making the pronouncement during an interval between menstruations in which they have had sexual intercourse. If one affects such a divorce, it is recommended to take the wife back (if one did not pronounce it the full number of (three times).
Neither Sunna nor unlawful innovation means the divorce of a wife who is prepubescent, postmenopausal, pregnant, or one with whom one has not yet had sexual intercourse.
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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