Nasai

894. Commentary:

➊ Both of the aforementioned narrations are weak in chain (isnad) due to discontinuity, as the researcher of the book has also explicitly stated. Therefore, it is questionable that Imam an-Nasa’i rahimahullah considered it “sound” (jayyid) in “as-Sunan al-Kubra, Hadith: 969.”

➋ Placing both feet together not only causes discomfort, making it difficult for a person to stand for long, but it is also contrary to the authentic Sunnah, because the blessed Sunnah of the Messenger of Allah sallallahu alayhi wa sallam was that he would keep an appropriate distance between his two feet. In forming rows (saff), in order to align, it is necessary to open the feet somewhat; however, one should not open them more than one’s own body size.

➌ In the narration of Sunan Abu Dawud in which «صف القدمین من السنة» “joining the feet is Sunnah” [سنن ابی داود ، الصلاة ، حدیث : 754] is mentioned, its meaning is to keep the feet parallel and not to place one in front of the other, as has been explicitly clarified in the takhrij (referencing).

Benefits and Issues:
➊ This applies in the case when he intends to completely separate from her; in this way, the third divorce (talaq) will be irrevocable (bain), after which reconciliation (ruju‘) is not possible. However, it is better that after pronouncing one divorce (talaq), he lets the waiting period (‘iddah) pass, so that if later there arises a desire for reconciliation, they can remarry (nikah) anew and live together.

➋ If after one divorce (talaq) he reconciles (ruju‘), and then at some later time gives a second divorce, then after this second divorce as well, the waiting period (‘iddah) is three menstrual cycles (hayd), during which reconciliation (ruju‘) is possible without a new marriage contract (nikah).

The Hanafis, due to the aforementioned statement of Abdullah ibn Mas'ud radi Allahu anhu, consider giving three divorces in the mentioned manner to be the Sunnah divorce. However, this is a strange Sunnah divorce, which at once renders a woman forbidden (haram) to her husband. Moreover, even a single divorce is not praiseworthy, let alone giving three divorces in succession without necessity. Furthermore, it is worth pondering: when a woman can be separated from her husband with a single divorce, what need is there not to suffice with one before proceeding to three? Therefore, this cannot be the Sunnah divorce.

The Sunnah divorce is that the wife should be given one divorce (talaq) in a state of purity (tuhr), without having had intercourse, and then the husband should wait for the completion of the waiting period (‘iddah). If possible, he may take her back (ruju‘) during the ‘iddah, otherwise, he may let her go, so that if later there is reconciliation, a new marriage (nikah) can take place. This statement is also transmitted from Abdullah ibn Mas'ud radi Allahu anhu. And Ali radi Allahu anhu has established this form of divorce as the Sunnah divorce (talaq al-sunnah) with evidences. Therefore, this is the opinion that should be adopted, so that the path of return (ruju‘) during the waiting period and a new marriage after the waiting period remains open. This is also the position of the majority (jumhur), and this is correct.

Yes, in the first statement of Ibn Mas'ud radi Allahu anhu, calling the mentioned form a Sunnah divorce could mean that this form is also permissible, even though it is not preferable. According to Shaykh al-Islam Imam Ibn Taymiyyah rahimahullah, a divorce upon a divorce does not even take effect, because it is pointless, but the majority of the scholars (jumhur ahl al-‘ilm) hold that it does take effect. And this is the correct view. And Allah knows best.