When a husband says to his wife, 'You are divorced according to the Sunnah,' what is the condition for its immediate occurrence?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The statement implies divorce at the time conforming to the Sunnah. If the wife is in a state of purity (Tuhur) without cohabitation during that period, or if she is pregnant, the divorce takes effect immediately. Ibn Abd al-Barr stated there is no scholarly disagreement that divorce during pregnancy constitutes divorce according to the Sunnah. Ahmad embraced the Hadith narrated by Salim from his father: 'Then let him divorce her while she is pure or pregnant,' recorded by Muslim and others. The divorce is according to the Sunnah because it aligns with the command. Furthermore, divorcing a pregnant woman whose pregnancy is established implies the husband acted with full knowledge, minimizing fear of renewed regret, and the wife is not in doubt regarding her state.
Supporting text
If the statement is directed towards a wife experiencing menstruation (Hayd), the divorce does not take effect immediately because that is divorce by bid'ah (innovation). However, it takes effect upon her subsequent purification (Tuhur), as the condition (purity) is then met, similar to saying, 'You are divorced during the day.' If she is menstruating, the divorce occurs when the day arrives, or when the subsequent day arrives if the statement was made at night.