Thus, it becomes as if he had said: 'You are divorced,' and nothing more. Likewise, if he says: 'You are divorced according to the Sunnah and innovation,' or he says: 'You are divorced not according to the Sunnah and not according to innovation,' she is divorced immediately, because he described the divorce by its characteristic. It is possible in the speech of al-Khiraqi that the pregnant woman has a divorce of the Sunnah, because it is a divorce commanded by his saying, peace and blessings of Allah be upon him: 'Then let him divorce her while she is pure or pregnant' (2). This is also the apparent meaning of the speech of Ahmad, for he said: 'I follow the hadith of Salim from his father,' meaning this hadith. And because she is in a state she transitioned (3) into after the time of innovation, and it is possible that she could transition from it to a time of innovation, so her divorce is a divorce of the Sunnah, like the one who is pure from menstruation without intercourse. A corollary of this is that if he says to her: 'You are divorced according to innovation,' she is not divorced immediately; when she gives birth, she is divorced, because the post-partum period is a time of innovation, like menstruation.

Section: If he says to a young girl or someone with whom marriage has not been consummated: 'You are divorced according to innovation,' then says: 'I meant when the young girl menstruates, or the one with whom marriage has not been consummated is had intercourse with,' or he says to both of them: 'You are both divorced according to the Sunnah,' and he says: 'I intended their divorce at a time when their divorce would be according to the Sunnah,' he is to be believed in what is between him and Allah the Almighty. Is it accepted in the ruling? There are two views regarding this, which the Qadi mentioned. One of them is that it is not accepted, which is the school of al-Shafi'i, because it contradicts the apparent meaning, so it is like if he said: 'You are divorced,' then said: 'I intended when you enter the house.' The second is that it is accepted, and this is more similar (4) to the school of Ahmad, because he explained his speech with what it can potentially mean, it being said: as if he said: 'You are divorced, you are divorced,' and said: 'I intended by the second to make her understand.'

Section: When he says to her during a period of purity in which he has had intercourse with her: 'You are divorced according to the Sunnah,' and she then despairs of menstruation, she is not divorced, because he described her divorce as being according to the Sunnah at a time when it is appropriate for it, but when she becomes one who has despaired, there is no Sunnah for her divorce, so the condition was not met, and thus it does not occur. Likewise, if her pregnancy becomes apparent,