1250 - Issue; he said: (And if he says to her: You are divorced according to the innovation [bid'ah], and she is in a period of purity in which he has not had intercourse with her, she is not divorced until he has intercourse with her or she menstruates).

This issue is the opposite of the previous one; for he has described the divorce as being according to the innovation. If he says that to a menstruating woman or a pure woman with whom he had intercourse during that period, the divorce occurs immediately; because he described the divorce with its attribute. If she is in a period of purity in which he did not have intercourse with her, it does not occur immediately. Then, when she menstruates, she is divorced at the very first part of the menstruation. If he has intercourse with her, she is divorced at the point of the meeting of the two circumcised parts (the act of penetration). If he withdraws without hesitation, there is nothing upon either of them (1), and if he penetrates after the withdrawal, he has had intercourse with his divorced woman, and the ruling of that will be presented later. If he has intercourse with her and persists in it, we will also mention that, God willing, later on.

Section: If he says to a pure woman: You are divorced according to the innovation, immediately. It has been said: The attribute is void, and the divorce occurs; because he described it with that which it is not characterized by, so the attribute is void while the divorce is not. It is also possible that she is divorced three times immediately; because this is an innovative divorce, so the description of innovation applies to it, due to the impossibility of the attribute of innovation from the other aspect. If he says to a menstruating woman: You are divorced according to the Sunnah, immediately, the attribute is void, and the divorce occurs; because he described the divorce with that which it is not characterized by. If he says: You are divorced three times according to the Sunnah, and three times according to the innovation, she is divorced three times immediately, based on what we will mention later.

Section: And if he says: You are divorced three times according to the Sunnah. The text narrated from Ahmad is that she is divorced three times if she is pure with a purity (2) in which there was no intercourse, and if she is menstruating, she is divorced three times when she becomes pure. This is the school of thought of al-Shafi'i. The Qadi and Abu al-Khattab said: This is based on the report in which he said: Gathering the three is considered Sunnah. As for the other report, when she becomes pure, she is divorced once, and the second and third occur in two other marriages, or after two revocations (raj'atayn). Ahmad has disapproved of this; he said in the narration of Muhanna: If he says to his wife: You are divorced three times according to the Sunnah, they have differed regarding it.