What is the ruling when a husband says, 'You are divorced according to the Sunnah' or 'You are divorced according to innovation' to a woman for whom divorce timing is neither Sunnah nor Bid'ah?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 1

Open in Qurani

Primary text

The ruling is subject to two possibilities. The first view, favored by Al-Qadi, is that no divorce occurs in either case because the condition (Sunnah or Bid'ah timing) was not met, akin to saying, 'You are divorced if you are Hashimi,' and she is not Hashimi. The second view is that divorce takes place because the condition stipulated for the pronouncement of the divorce is impossible to meet, causing the condition to be nullified, and the divorce takes effect, similar to the case where one says, 'You are divorced according to the Sunnah' without qualification. The first opinion is considered stronger.

Supporting text

The Shafi'is hold two views corresponding to these two possibilities regarding this scenario.