What is the ruling on divorcing a wife immediately after recall during the period of prescribed retention?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If the husband divorces her in the state of purity following the menstrual cycle, before intercourse, it is a divorce according to the Sunnah. This is supported by the verse {So divorce them for their prescribed period} [Quran 65:1], which is general to the Iddah. Moreover, it is a state of purity in which intercourse did not occur, resembling the second period of purity after intercourse.
Supporting text
The companions of Malik maintain that he should not divorce her until she purifies, then menstruates, then purifies again, based on the Hadith. However, the view holding it permissible in the first purification relies on a sound, agreed-upon Hadith from Ibn Umar where the Prophet (peace be upon him) ordered recall until she purified, then he had the choice to divorce or retain, without mentioning the subsequent waiting period.