When does the time for the Sunnah divorce begin upon cessation of menstruation?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The time for Sunnah divorce commences immediately upon the cessation of the menstrual blood, and the divorce takes effect even if the wife has not performed the ritual bath (Ghusl). This is the position adopted by Ahmad and is the apparent meaning of the statement of al-Kharqi, and it is also the view of al-Shafi'i. The evidence supporting this is that she is considered pure, thus the Sunnah divorce occurs, just as it does when the maximum duration of menstruation has passed. Furthermore, in the Hadith of Ibn Umar, the Prophet instructed, 'If she becomes pure, then divorce her if he wishes.' If we did not rule her pure upon the cessation of blood, we would not command her Ghusl, nor would her subsequent acts of worship be valid.
Supporting text
Abu Hanifah holds that if the bleeding stops before the maximum duration of menstruation, the divorce does not take effect until she performs Ghusl, or performs Tayammum in the absence of water, prays, or the time for a prescribed prayer elapses. This is because if purity is not established through these signs, the cessation of menstruation cannot be definitively ruled upon.