time of the Sunnah, it occurs, and it becomes as if he had said when Zayd arrived: 'You are divorced according to the Sunnah;' because he made the divorce conditional upon the arrival of Zayd in a specific state, so it does not occur except upon that state. If he says to her: 'You are divorced according to the Sunnah if Zayd arrives,' before having consummated the marriage with her, she is divorced upon his arrival, whether she is menstruating or pure; because for her divorce, there is neither Sunnah nor innovation.

If he arrives after he has consummated the marriage with her, and she is in a state of purity (13) in which he has not had intercourse with her, she is divorced. If he arrives in a time of innovation, she is not divorced until the time of the Sunnah arrives; because she has become one for whose divorce there is both a Sunnah and an innovation. If he says to his wife: 'You are divorced when the beginning of the month arrives, according to the Sunnah,' and the beginning of the month was in a time of Sunnah, it occurs; otherwise, it occurs when the time of the Sunnah arrives.

1251 - Issue: He said: (And if he says to her, while she is menstruating, and he has not consummated the marriage with her: 'You are divorced according to the Sunnah.' She is divorced from that moment, because there is neither Sunnah nor innovation in it.)

Ibn 'Abd al-Barr said: The scholars have reached a consensus that the 'divorce of the Sunnah' only pertains to one with whom marriage has been consummated. As for one with whom marriage has not been consummated, there is neither Sunnah nor innovation for her divorce, except regarding the number of divorces, concerning which there is a disagreement among them. This is because divorce in the case of one with whom marriage has been consummated, if she is among those who have menstrual cycles, only has a Sunnah and an innovation; because the waiting period (iddah) is prolonged for her by divorce during menstruation, and one becomes suspicious by divorcing during a period of purity in which he has had intercourse with her, and both matters are negated by divorce during a period of purity in which he has not had intercourse with her. As for one with whom marriage has not been consummated, there is no waiting period for her that would necessitate the prolongation or suspicion regarding her. Likewise, those who count their waiting periods by months, such as a young girl who has not yet menstruated, and those who have despaired of (1) menstruation, there is no Sunnah nor innovation for their divorce; because the waiting period is not prolonged by their divorce in any state, nor do they become pregnant such that one would be suspicious. Likewise, the pregnant woman whose pregnancy has become apparent. These women all have no Sunnah nor innovation for their divorce from the perspective of timing, according to the view of our companions. This is the school of al-Shafi'i and many of the people of knowledge. Therefore, if he says to one of them: 'You are divorced according to the Sunnah or according to innovation,' the divorce occurs immediately, and the condition is void; because her divorce is not characterized by that.