What is the ruling when a husband says to his wife during a period of purity in which he had intercourse: 'You are divorced according to the Sunnah'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If the wife subsequently despairs of menstruation (i.e., reaches menopause or the age of despair for menstruation, *ayis*), the divorce does not take effect. This is because the husband qualified the divorce as being 'according to the Sunnah' during a time suitable for it. Once she becomes *ayis*, there is no suitable time for a divorce specified as 'Sunnah,' meaning the condition (the specification) is not met, and thus the divorce does not occur.
Supporting text
If the wife is found to be pregnant, the divorce also does not take effect, except according to the opinion of scholars who consider the divorce of a pregnant woman to be a Sunnah divorce. In that specific view, the divorce should take effect because the condition (the specification of Sunnah) is present, similar to the case where she menstruates and then becomes pure.