What is the ruling when a husband divorces his pure wife by saying, 'You are divorced by way of innovation (bid'ah) immediately'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
When a husband addresses his pure wife stating, 'You are divorced by way of innovation immediately,' the description (bid'ah) is nullified, and the divorce takes effect immediately. This is because he described her with something she cannot possess (a woman in a state of purity cannot be subject to divorce by innovation). Therefore, the description lapses, but the divorce remains.
Supporting text
It is plausible that three divorces occur immediately, as divorcing a pure woman in this manner constitutes a divorce by innovation (bid'ah), causing the description to revert to the act of divorce itself due to the impossibility of the description applying to her state.