1295 - Issue: He said: "If he divorces her once, and her waiting period does not expire until he divorces her a second time, she continues [her count] from what has already passed of the waiting period."

Abu Hanifah maintained this, and it is a view of al-Shafi'i. He has a second view: that she must start the waiting period anew, because it is a divorce occurring in a marriage where there has been sexual intercourse, thus it necessitates a full waiting period, like the first one. Our evidence is that these are two divorces with no intercourse or seclusion occurring between them, so no more than one waiting period is necessitated by them, as if he had performed them in quick succession, or as if her waiting period had expired, then he married her and divorced her before having intercourse with her. The ruling is the same if he divorces her, then the marriage is annulled due to a defect in either of them, or due to her emancipation while under a slave [husband] or otherwise, or the marriage is annulled due to breastfeeding, difference in religion, or other such reasons; because an annulment is in the same category as divorce.

Section: If he divorces her, then revokes her, then divorces her before having intercourse with her, there are two narrations regarding this. The first is that she continues from what has passed of the waiting period. Al-Maymuni reported it. It is the choice of Abu Bakr, the view of 'Ata', and one of the two views of al-Shafi'i; because they are two divorces with no intercourse having occurred between them, so the waiting period is from the first of them, as if he had not revoked her. Furthermore, since the revocation was not accompanied by intercourse, no waiting period is necessitated by the divorce, as if he had married her then divorced her before consummation. The second [narration] is that she starts the waiting period anew. Ibn Mansur reported it, and it is the more correct view. This is the view of Tawus, Abu Qilabah, 'Amr ibn Dinar, Jabir, Sa'id ibn 'Abd al-'Aziz, Ishaq, Abu Thawr, Abu 'Ubayd, the Scholars of Opinion (Ashab al-Ra'y), and Ibn al-Mundhir. Al-Thawri said: The jurists have reached a consensus on this. Abu al-Khattab narrated from Malik that if he intended to cause her harm, she continues [the count], and otherwise, she starts anew; because Allah Almighty only granted the right of revocation to one who intends reconciliation, based on His saying: "And their husbands have more right to take them back in that [period] if they wish for reconciliation."