Al-Talaq: (1) "O Prophet..."
"O Prophet"
The Prophet (peace be upon him) is singled out by the address, yet the command is general for the entire community. This is because the Prophet is the leader and exemplar of his nation. Just as one says to the head of a group, "O so-and-so, do such-and-such," to highlight his leadership and status as the mouthpiece and guide of his people—whose opinions they follow and without whom they do not act—he stands in the position of them all, fulfilling the role of the entire group.
"When you divorce women"
Meaning: When you intend to divorce them and are resolved to do so. This is like the Prophet’s saying, "Whoever kills a combatant, he gets his spoils," or the one walking to prayer being considered as one already in prayer.
"Divorce them for their waiting period"
Meaning: Divorce them while they are facing their waiting period. It is like saying, "I came to him for a night remaining of Muharram," meaning: facing it. In the Prophet’s recitation, it is "in the beginning of their waiting period." If a woman is divorced during a period of purity (tuhr) that precedes the first of her menstrual cycles, she is divorced while facing her waiting period. The intent is that they be divorced during a period of purity in which they have not been engaged in intercourse, then left until their waiting period expires. This is the best form of divorce, the most compliant with the Sunnah, and the furthest from regret.
- Ibrahim al-Nakha'i reported that the Companions preferred not to divorce their wives except with a single pronouncement, then waiting until the period expired. This was better to them than a man divorcing three times in three periods of purity.
- Malik ibn Anas said: "I know no 'Sunnah divorce' except a single one," and he disliked the three, whether combined or separated.
- Abu Hanifa and his companions only disliked what exceeded one in a single period of purity; they did not dislike it if separated across periods of purity, based on the Prophet’s instruction to Ibn Umar: "That is not how Allah commanded you; the Sunnah is to face the period of purity and divorce her for every cycle with one pronouncement."
- Al-Shafi'i said: There is no harm in issuing three, and he said: "I know of no Sunnah or innovation regarding the number of divorces; it is permissible."
Does a divorce that violates the Sunnah take effect?
Yes, but the one who does it is sinful. The Prophet (peace be upon him) said to a man who divorced his wife three times in his presence: "Are you playing with the Book of Allah while I am among you?" And to Ibn Umar: "If you had divorced her three times, you would have disobeyed, and your wife would have been irrevocably separated from you." Umar (may Allah be pleased with him) used to punish those who divorced three times at once. Some of the Tabi'un, like Sa'id ibn al-Musayyib, held that it does not take effect if it violates the Sunnah (e.g., during menstruation).
Regarding those who do not menstruate (young, old, pregnant, or unconsummated):
- Abu Hanifa and Abu Yusuf: The three are separated for the young, the old, and the pregnant over the months.
- Muhammad and Zufar (on the pregnant): Only one is permitted.
- Unconsummated: Only one is permitted, and the timing is not observed.
"And count the waiting period"
Keep track of it, complete it as three full, consecutive cycles without deficiency.
"Do not turn them out of their houses"
Until their waiting period expires. They are the houses of the husbands; they are attributed to the women because of their right to reside there.
"Unless they commit a clear immorality"
Some say this means adultery, for which they are turned out to have the penalty (hadd) applied. Others say it refers to disobedience (nushuz), which forfeits their right to housing.
"The matter that Allah brings about"
He may turn the heart from hatred to love, or from the resolve to divorce to regret, leading to reconciliation.
"And when they have reached their term"
Meaning the end of the waiting period. You have a choice: either reconcile with kindness or part ways while fearing to cause harm—which is to reconcile at the very end of the period only to divorce again to prolong her suffering.
"And bring to witness"
This applies to both reconciliation and separation. For Abu Hanifa, this is recommended; for Al-Shafi'i, it is mandatory for reconciliation and recommended for separation. The benefit is to prevent denial and suspicion.
"From among you"
Hasan said: "From the Muslims." Qatada said: "From your free men."
"For Allah"
Purely for His sake, not for the sake of the one being testified against, nor for any worldly purpose, but to establish justice and repel injustice.
"Whoever fears Allah, He will make for him a way out"
This may be an interjection confirming the Sunnah method of divorce. Whoever fears Allah by following the Sunnah, not harming the woman, and bearing witness, Allah will grant him relief from the anxieties of marital affairs.
"And will provide for him from where he does not expect"
If he has fulfilled the dowry and rights despite having little wealth. The Prophet (peace be upon him) said: "I know a verse that, if people held fast to it, would suffice them: 'And whoever fears Allah...'"
"Allah will accomplish His purpose"
He reaches what He wills; no goal escapes Him, and no objective frustrates Him.
"Allah has already set for everything a measure"
This is a declaration of the necessity of relying on Allah and entrusting the matter to Him, for when one knows that provision and all things occur only by His decree and timing, nothing remains but submission and trust.
