What is the ruling regarding the timing of divorce relative to the waiting period?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The command to divorce women 'for their prescribed periods' {Fa-talliquhunna li-'iddatihinna} [Al-Talaq: 1] implies divorce preceding the commencement of the Iddah. This is because the divorce is the cause (sabab) and the Iddah is the effect (hukm), and the cause must precede the effect. If the 'quru'' means menstruation, then divorce during a period of purity is divorce preceding the Iddah.
Supporting text
It is argued that the phrase {for their prescribed periods} should be interpreted as 'before their prescribed periods,' as divorce cannot occur during the Iddah because the Iddah follows the divorce. Divorce during a period of purification is considered divorce before the Iddah if the 'quru'' signifies menstruation.