What is the ruling if a husband describes the divorce as being by Bid'ah (innovation) when addressing his wife?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If the husband addresses his wife while she is menstruating or in a period of purity during which cohabitation occurred, the divorce takes effect immediately because he matched the declaration to the current state (the state of bid'ah). If the wife is in a period of purity in which no cohabitation took place, the divorce does not take effect immediately. Instead, it takes effect at the first instant of her subsequent menstruation. If he has intercourse with her, the divorce takes effect upon the meeting of the circumcised parts. If he withdraws without penetration stopping, there is no consequence for him regarding the divorce declaration.
Supporting text
If he penetrates after withdrawal, he has engaged in intercourse with his divorced wife, the ruling of which will be detailed later. If he engages in intercourse and continues it, the ruling will also be addressed subsequently.