What is the ruling regarding divorce specified 'for the Sunnah' for a woman who is not subject to prescribed periods (hayd)?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If a man states divorce 'for the Sunnah' to a woman who is not subject to prescribed periods (like a minor who has not menstruated, or a woman who has reached menopause), the divorce takes effect immediately, and the stipulation regarding Sunnah is rendered void because her divorce is not characterized by Sunnah or bid'ah timing. This is the position of our companions (Ashaabuna) and the Madhhab of Shafi'i and many scholars, based on the consensus reported by Ibn Abd al-Barr that the Sunnah ruling for divorce applies only to a woman who has been consummated and is subject to menstrual cycles (dawat al-aqraa'). The basis for this is that divorce during menstruation prolongs the waiting period, and divorce during the pure period following intercourse introduces uncertainty, both of which are avoided by divorce during purity without prior intercourse. Since non-consummated women, minors, and menopausal women do not have these concerns regarding the waiting period, there is no Sunnah or bid'ah for their divorce timing.
Supporting text
There is a potential interpretation from the statements of Al-Kharqi suggesting that divorce for a pregnant woman might carry the ruling of Sunnah, based on the command to divorce a woman while pure or pregnant. This aligns with the apparent view of Ahmad, who favored the Hadith narrated by Salih from his father. This is because her condition is transient, moving from a time following the bid'ah period (pregnancy) to a time that could transition back to a bid'ah period, analogous to a pure woman after intercourse but without impurity.