Surah At-Talaaq (65) — Ayah 1

In Surah At-Taghabun, the teaching is given to live with wives with generosity, forgiveness, and forbearance, but if the disagreement between husband and wife exceeds the limit and there remains no way to live together, then Allah Almighty has also permitted divorce. The reality is that just as declaring adultery forbidden and commanding marriage is a mercy of Allah Almighty—because it protects lineage and progeny, and instead of immorality and bloodshed, purity and peace prevail in society—similarly, if there is no harmony between spouses, then the permission for divorce for the man and khul‘ for the woman is also a great mercy of Allah Almighty, through which they come out of a life that was a cause of severe torment for them at every moment, and both get the opportunity to start a new, pleasant life by marrying again. In such a case, Allah Almighty has promised to enrich each of the separated man and woman from His abundance and has declared it a manifestation of His vastness and wisdom, as He said: «وَ اِنْ يَّتَفَرَّقَا يُغْنِ اللّٰهُ كُلًّا مِّنْ سَعَتِهٖ وَ كَانَ اللّٰهُ وَاسِعًا حَكِيْمًا » [ النساء : ۱۳۰ ] “And if they both separate, Allah will enrich each of them from His abundance, and Allah is always All-Encompassing, All-Wise.” The nations that have imposed restrictions on divorce and declared it unlawful, or have imposed inappropriate conditions on it, such as that the man who divorces will be responsible for the maintenance of his divorced wife for his entire life, etc., have committed severe injustice to husbands and wives who do not have harmony with each other, and have closed the door for them for a lifetime to that happiness of heart which is obtained through marriage. The result of this action of the disbelievers is that people have stopped marrying altogether, because in such a situation they will not be able to separate from each other, or if they do separate, they will have to face unbearable restrictions. Now, very few among them marry; the majority of men and women live together without marriage and give birth to illegitimate children, and when one is fed up with the other, he or she leaves and moves on.

Divorce is not only a means of separation but also the last means of rectifying the deteriorated matters between husband and wife, because when divorce is given according to the method prescribed by Allah Almighty, then in the form of ‘iddah, the man has the opportunity to take back (his wife), and the woman has the opportunity to win back her husband, and by living together in one house until three menstrual cycles or childbirth, there is hope that the tension that caused the separation will end and both will reconcile. This is what is stated in the first verse of Surah At-Talaq {’’ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا ‘‘}.

The Messenger of Allah (peace and blessings be upon him) is a model for us in every matter, including marriage and divorce. He (peace and blessings be upon him) married and also divorced some, as he (peace and blessings be upon him) divorced Bint al-Jawn for saying {’’ أَعُوْذُ بِاللّٰهِ مِنْكَ ‘‘}. [ یکھیے بخاري، الطلاق، باب من طلق وھل یواجہ الرجل امرأتہ بالطلاق؟ : ۵۲۵۴ ] And he (peace and blessings be upon him) also divorced and then took back, as Ibn Abbas (may Allah be pleased with them) narrates from Umar (may Allah be pleased with him): [ أَنَّ النَّبِيَّ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ طَلَّقَ حَفْصَةَ ثُمَّ رَاجَعَهَا ] [ أبو داوٗد، الطلاق، باب في المراجعۃ : ۲۲۸۳، وقال الألباني صحیح ] “The Prophet (peace and blessings be upon him) divorced Hafsah (may Allah be pleased with her), then took her back.”

(Ayah 1) ➊ {يٰۤاَيُّهَا النَّبِيُّ اِذَا طَلَّقْتُمُ النِّسَآءَ … :} Here is a question: At first, only the Prophet (peace and blessings be upon him) was addressed with {’’ يٰۤاَيُّهَا النَّبِيُّ ‘‘}, then why in {’’ اِذَا طَلَّقْتُمْ‘‘} is the address in the plural? The answer is that since the rulings of divorce are common to both the Prophet (peace and blessings be upon him) and his Ummah, both he and his Ummah are addressed with {’’ اِذَا طَلَّقْتُمْ‘‘}, but at first, he is addressed specifically out of respect, just as a leader of a nation is told, “O so-and-so! You do this,” meaning you and your people do this. So it is as if it is said, “O Prophet! When you people divorce,” meaning you and your Ummah divorce.

➋ {’’ اِذَا طَلَّقْتُمْ‘‘} (“When you divorce”) means when you intend to divorce, as in Surah Al-Ma’idah, verse (6) {’’ اِذَا قُمْتُمْ اِلَى الصَّلٰوةِ فَاغْسِلُوْا وُجُوْهَكُمْ وَ اَيْدِيَكُمْ ‘‘}.

➌ {’’ النِّسَآءَ ‘‘} refers only to those women with whom consummation has taken place after marriage, because those women who are divorced before consummation have no ‘iddah. (See Surah Al-Ahzab: 49).

➍ {فَطَلِّقُوْهُنَّ لِعِدَّتِهِنَّ : } When you want to divorce women, it is not that you can divorce whenever you wish, but divorce them at the time of their ‘iddah, meaning when the woman is pure from menstruation, divorce her in a state of purity without intercourse, so that her ‘iddah is completed without any deficiency or excess. Because if you divorce her during menstruation, if you count that menstruation in the ‘iddah, the ‘iddah will be less than three menstruations, and if you do not count it, it will be more than three, because with the three subsequent menstruations, the remaining days of this menstruation after divorce will also be included. Similarly, if you divorce her in a purity in which you have had intercourse, it is possible that she may become pregnant, and in that case, it will not be known whether her ‘iddah will be three menstruations or until childbirth. Abdullah bin Umar (may Allah be pleased with them) narrates that he divorced his wife while she was menstruating. Umar (may Allah be pleased with him) mentioned this to the Messenger of Allah (peace and blessings be upon him), so he (peace and blessings be upon him) said: [ مُرْهُ فَلْيُرَاجِعْهَا، ثُمَّ لِيُمْسِكْهَا حَتّٰی تَطْهُرَ ثُمَّ تَحِيْضَ، ثُمَّ تَطْهُرَ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ وَ إِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ، فَتِلْكَ الْعِدَّةُ الَّتِيْ أَمَرَ اللّٰهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ ] [ بخاري، الطلاق، باب قول اللّٰہ تعالٰی : «یا أیھا النبي…» : ۵۲۵۱ ] “Order him to take her back, then keep her until she becomes pure, then she menstruates, then becomes pure, then if he wishes, he may keep her, and if he wishes, he may divorce her before touching her, for this is the ‘iddah at which Allah has commanded women to be divorced.” If the woman is pregnant, she can be divorced at any time, because her ‘iddah is known and clear, as will come ahead in {’’ وَ اُولَاتُ الْاَحْمَالِ اَجَلُهُنَّ اَنْ يَّضَعْنَ حَمْلَهُنَّ ‘‘}.

➎ Allah Almighty has prescribed this time for divorce so that, as far as possible, the relationship between husband and wife remains intact. If a man gets angry, he should not immediately divorce, but wait for the time that Allah Almighty has commanded. By then, his anger will have cooled, and after menstruation, the inclination a husband feels toward his wife will prevent him from divorcing. Similarly, pregnancy prevents the husband from divorcing, because the hope of the coming guest restrains him from this action. Giving divorce at these two times means that the divorce is not due to a temporary outburst but is given after careful thought. After that, in the form of ‘iddah, both are ordered to live together in one house for a considerable period, so that perhaps a way may be found for their relationship to continue. Alas! Muslims did not care for this command of Allah Almighty (except whom Allah wills), whereas if they waited for the time prescribed by Allah Almighty for divorce, the need for divorce would rarely arise, and then, due to the blessing of ‘iddah, there would be much hope for reconciliation.

➏ It is only permissible to give one divorce at a time; giving more than that is forbidden. If someone gives more than one divorce at a time, only one divorce will count. For details, see the commentary of Surah Al-Baqarah (229, 230).

➐ { وَ اَحْصُوا الْعِدَّةَ : ’’أَحْصٰي يُحْصِيْ‘‘} means to count and enumerate well. It is derived from {’’حَصًي‘‘} (pebbles). The Arabs were unlettered; when they had to count something numerous, they would place a pebble for each, and at the end, count the pebbles. {’’ الْعِدَّةَ ‘‘} (on the pattern of {فِعْلَةٌ}) means {’’مَعْدُوْدٌ‘‘}, counted days, just as {’’طِحْنٌ‘‘} means {’’مَطْحُوْنٌ‘‘} (ground flour). That is, the days after which, once they have passed, it becomes permissible for the woman to marry another man. The “al” in it is for specification, meaning the ‘iddah that is explained in other verses. (See Al-Baqarah: 228; At-Talaq: 4) The command to count the ‘iddah well is so that you do not take her back after the ‘iddah has ended, or the woman marries another man before the ‘iddah is over, both of which are unlawful.

➑ { وَ اتَّقُوا اللّٰهَ رَبَّكُمْ :} The mention of the personal name {’’ اللّٰهَ ‘‘} and the attributive name {’’رَبٌّ‘‘} is to command fear of Allah Almighty, Who is nurturing man at every moment, meaning fear Allah from giving divorce during those days in which it is forbidden, because in this is disobedience to Allah and harm to the woman. Similarly, fear Allah from expelling women from their homes during the days of ‘iddah.

➒ { لَا تُخْرِجُوْهُنَّ مِنْۢ بُيُوْتِهِنَّ وَ لَا يَخْرُجْنَ : ’’ بُيُوْتِهِنَّ ‘‘} refers to the husbands’ homes in which the women are living; because of their residence, they are called their homes. That is, it is necessary for the woman to spend the days of ‘iddah in the husband’s house; neither are husbands allowed to expel them from their homes, nor are they themselves allowed to leave. The wisdom of this is explained ahead in {’’ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا ‘‘}, that by living together in one house for this period, there is hope that Allah Almighty will create a way for reconciliation and return. If both separate immediately and there is no opportunity for meeting, reconciliation becomes very difficult. Allah Almighty, by instilling His fear, has given this command with great emphasis, but Muslims have rarely cared for it; hardly any man lets the woman stay in his house after divorce, or any woman stays there.

➓ { اِلَّاۤ اَنْ يَّاْتِيْنَ بِفَاحِشَةٍ مُّبَيِّنَةٍ : ’’ فَاحِشَةٌ ‘‘} means any word or deed that is extremely reprehensible. {’’ مُبَيِّنَةٍ ‘‘} means open and clear. {’’ بِفَاحِشَةٍ مُّبَيِّنَةٍ ‘‘} includes, besides adultery, theft, etc., a woman’s verbal abuse and cursing of her husband or his family. Al-Tabari has narrated with a good chain from Muhammad bin Ibrahim from Ibn Abbas (may Allah be pleased with them), who said: [ اَلْفَاحِشَةُ أَنْ تَبْذُؤَ عَلٰی أَهْلِهَا ] “Fahishah here means that she abuses the household.”

⓫ {وَ تِلْكَ حُدُوْدُ اللّٰهِ وَ مَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَقَدْ ظَلَمَ نَفْسَهٗ :} That is, the man who divorces the woman at a time when it is not allowed, or expels her from the house during ‘iddah, or the woman who leaves herself, should not think that they are committing a minor mistake; rather, they are transgressing the limits set by Allah, and whoever transgresses the limits of Allah is certainly wronging his own soul.

⓬ {لَا تَدْرِيْ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا :} That is, the command for the woman to stay in the husband’s house during ‘iddah after divorce is so that perhaps Allah Almighty may create a way for reconciliation between them, and the husband may take her back. From this, it is understood that the command to spend ‘iddah in the husband’s house is for the divorce in which return is possible, and that is only the first and second divorce; these are called revocable divorces, and during their ‘iddah, the woman’s residence and maintenance are the husband’s responsibility. As for the ‘iddah of the third divorce, although the woman cannot marry another man during it, the husband also cannot take her back, so during this period, her residence is not only not the husband’s responsibility, but it is not appropriate for her to stay in his house, because due to previous familiarity, there is a risk of transgression, while she is not lawful for him, as He said: «فَاِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنْۢ بَعْدُ حَتّٰى تَنْكِحَ زَوْجًا غَيْرَهٗ» [ البقرۃ : ۲۳۰ ] “Then if he divorces her (the third time), she is not lawful for him after that until she marries another husband.” Although many Imams have considered her residence the husband’s responsibility, according to this verse and the authentic hadith of the Messenger of Allah (peace and blessings be upon him), after the third divorce, her residence is not the husband’s responsibility. Fatimah bint Qays (may Allah be pleased with her) says: [ أَنَّهُ طَلَّقَهَا زَوْجُهَا فِيْ عَهْدِ النَّبِيِّ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ وَ كَانَ أَنْفَقَ عَلَيْهَا نَفَقَةَ دُوْنٍ، فَلَمَّا رَأَتْ ذٰلِكَ قَالَتْ وَاللّٰهِ ! لَأُعْلِمَنَّ رَسُوْلَ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ فَإِنْ كَانَ لِيْ نَفَقَةٌ أَخَذْتُ الَّذِيْ يُصْلِحُنِيْ وَإِنْ لَمْ تَكُنْ لِيْ نَفَقَةٌ لَمْ آخُذْ مِنْهُ شَيْئًا، قَالَتْ فَذَكَرْتُ ذٰلِكَ لِرَسُوْلِ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَا نَفَقَةَ لَكِ وَلَا سُكْنٰي ] [مسلم، الطلاق، باب المطلقۃ البائن لا نفقۃ لہا : ۳۷ /۱۴۸۰ ] “During the time of the Prophet (peace and blessings be upon him), her husband divorced her and gave her a small allowance. When she saw this, she said: ‘By Allah! I will bring this matter to the knowledge of the Messenger of Allah (peace and blessings be upon him), then if there is maintenance for me, I will take what is sufficient for my condition, and if there is no maintenance for me, I will not take anything from it.’ She says, I mentioned this to the Messenger of Allah (peace and blessings be upon him), and he said: ‘There is neither maintenance nor residence for you.’ Note that in another narration in Sahih Muslim in the same chapter, it is explicitly stated that her husband had given her the third divorce.

O Prophet! (Say to your Ummah that) when you intend to divorce your wives 1. then divorce them at the commencement of their waiting period (iddah) 2. and keep count of the waiting period 3. and fear Allah, Who is your Lord. Do not expel them from their houses 4. nor should they (themselves) leave 5. except if they commit an open indecency 6. These are the limits set by Allah. Whoever transgresses the limits of Allah has certainly wronged himself 7. You do not know; perhaps after that Allah may bring about a new situation.

1. O Prophet! When you divorce women, divorce them for the prescribed period [1] and count the period accurately. And fear Allah, your Lord. Do not expel them from their homes, nor should they leave [2], unless they commit a clear indecency [3]. These are the limits set by Allah [4]. And whoever transgresses the limits of Allah has surely wronged himself [5]. You do not know—perhaps Allah will bring about a new situation [6] after that.

[1]
Different Cases of Increase and Decrease in the Waiting Period (‘Iddah) for Women:

Many rulings regarding divorce and ‘iddah have already been mentioned in Surah Al-Baqarah, and some are also mentioned in Surah Al-Ahzab. Their completion is found in the rulings mentioned in Surah At-Talaq. Therefore, it is necessary to also review the previous rulings. Since in the case of divorce, the conditions of women differ and so does their ‘iddah, the clarification of ‘iddah is given first:

1. The ‘iddah of a non-pregnant widow is four months and ten days. [2: 239]
2. The ‘iddah of a pregnant widow is until delivery. [65: 4]
As is evident from the following hadith: Abu Salamah says that a man came to Ibn Abbas (may Allah be pleased with them both) while Abu Hurairahؓ was also sitting with him. The man said: “A woman gave birth forty days after her husband died. What is your verdict regarding her ‘iddah?” Ibn Abbas (may Allah be pleased with them both) said, “She should complete the long ‘iddah (four months and ten days).” Abu Salamahؓ said: “Then what is the meaning of the verse: ‘The ‘iddah of pregnant women is until they deliver’?” And Sayyiduna Abu Hurairahؓ said: “I agree with the opinion of my nephew Abu Salamahؓ.” Finally, Ibn Abbas (may Allah be pleased with them both) sent his servant Kuraib to Umm al-Mu’minin Umm Salamah (may Allah be pleased with her) to ask about this issue. Umm Salamah (may Allah be pleased with her) said: “The husband of Subai’ah Aslamiyyah (Sa’d bin Khawlah) died while she was pregnant. Forty days after her husband’s death, she gave birth, and marriage proposals started coming to her. And the Prophet ﷺ gave her permission to marry. Among those who proposed was Abu Sanabil.” [بخاري۔ كتاب التفسير]
3. A woman who has not been consummated with, whether she is a widow or divorced, has no ‘iddah. [32: 49]
4. A woman who does not menstruate, whether she has not yet started menstruating (i.e., is prepubescent) or has stopped due to old age or illness, her ‘iddah is three lunar months. [65: 4] That is, the verse number 4 of this surah refers to this case.
5. The ‘iddah of a pregnant divorced woman is until delivery. [65: 4] That is, verse number 4 of this surah.
6. The ‘iddah of a menstruating, non-pregnant woman is three “quroo’” [2: 228] The meaning of “qur’” is both menstruation and the state of purity. The Hanafis take it to mean three menstruations, while the Shafi’is and Malikis take it to mean three periods of purity. Understand this difference with the following example:
The correct way to give divorce is that when a woman becomes pure from menstruation, she should be divorced at the beginning of the period of purity, without intercourse, and the entire ‘iddah should be allowed to pass. After the ‘iddah, the woman will become irrevocably separated. Now, suppose a woman named Hindah gets her period for the first three days of every lunar month. Her husband divorces her after she becomes pure from menstruation, on the 4th of Muharram. According to the Hanafis, her ‘iddah will end after three complete menstruations, i.e., on the evening of the 3rd of Rabi’ al-Thani, when she bathes after her period. According to the Shafi’is and Malikis, her ‘iddah will end when her third period begins, i.e., on the morning of the 1st of Rabi’ al-Thani, when her period starts, resulting in a difference of three days.

The Importance of ‘Iddah:

Now, let us turn to the Divine command. It is said: “When you divorce women, divorce them for their ‘iddah.” From this, it is understood that the correct calculation of ‘iddah is extremely important. Therefore, pay full attention to it. The reasons for its importance are as follows:

1. The purpose of ‘iddah is to protect lineage and to end disputes over inheritance. During ‘iddah, it becomes clear whether the woman is pregnant or not. If she is pregnant, her ‘iddah will be until delivery. This is why a woman who is divorced before consummation does not have to observe ‘iddah. [33: 49]
Because in this case, there is no possibility of confusion in lineage or dispute over inheritance.
2. During ‘iddah, the divorced woman remains the wife of her husband, and during this period, the husband’s rights are to be observed, as stated elsewhere: ﴿فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ﴾ [49:33] That is, it is the responsibility of the divorced woman to spend her ‘iddah at her husband’s house, and it is the man’s right that the woman spends her ‘iddah at his house. During this period, the man has full right to have intercourse with her, and he can exercise this right even without the woman’s consent.
3. During ‘iddah, no one else has the right to marry this woman, let alone propose to her. If the husband divorces the woman while she is not at home, or she has gone to her parents’ house, or she is sent a message of divorce at her parents’ house, and the woman marries during ‘iddah, that marriage will be invalid.

[2]
The Command and Wisdom of Spending the Period of ‘Iddah at the Husband’s House:

Spending the ‘iddah anywhere other than the husband’s house is un-Islamic and sinful: It is common among us that if there is a quarrel between husband and wife, the wife goes to her parents’ house in anger, or the husband himself sends her to her parents’ house. Later, at some point, he sends three divorces at once in writing, or the husband divorces the wife and throws her out of the house, or the wife herself goes to her parents’ house. In all these cases, the woman spends her ‘iddah at her parents’ house. All these things are against the Shari’ah and are sinful acts. Because Allah’s command is that the woman will spend her ‘iddah at the house of the husband who divorced her. That is why Allah has placed the responsibility of residence and maintenance during ‘iddah on the man, and the responsibility of the widow’s expenses on the heirs of the deceased, who will inherit the estate. There are many wisdoms in this command. The greatest wisdom is that Allah wants that the marital bond established between a man and a woman should be maintained by both spouses to the best of their ability. Permission for divorce is given only in unavoidable circumstances, when the situation becomes uncontrollable. Thus, the Prophetic saying is: ﴿ان ابغض الحلال الي الله الطلاق﴾ [ابوداؤد۔ كتاب الطلاق] That is, divorce is permissible and lawful, but it is extremely disliked by Allah. Now, if the woman stays in her husband’s house, there are many possibilities for reconciliation, mutual consent, and return, which become impossible if the ‘iddah is spent elsewhere.

[3]
Different Aspects of Clear Immorality:

That is, if they commit clear immorality, then it is permissible to expel them from the house. Clear immorality can mean adultery, as these words are used for adultery at several places in the Quran. It can also mean “nushuz,” i.e., the woman adopting a stubborn and contentious attitude in every matter, always opposing the man’s opinion, or being foul-mouthed and continuing to do so, i.e., creating such circumstances that instead of reconciliation, further discord and tension arise. This foul language or contention can be directed at the man or his close relatives, such as his parents, etc. The fourth meaning is the woman herself leaving the house. That is, a woman leaving the man’s house by herself during ‘iddah is also considered ﴿فَاحِشَةً مُّبَيِّنَةً﴾. In such a case, there is no need to bring her back home.

[4] To understand the correct meaning of Allah’s limits, first consider the following hadith: Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) divorced his wife (Aminah bint Ghafar) while she was menstruating. Sayyiduna Umarؓ mentioned this to the Messenger of Allah ﷺ. The Prophet ﷺ became angry at this and said to Umarؓ: “Order Ibn Umar (may Allah be pleased with them both) to take her back and keep her with him until she becomes pure. Then she should menstruate again, then become pure. Then, if he wishes to divorce her, he should do so in the state of purity, but without intercourse. This is the ‘iddah which Allah has commanded. And this is what is meant by ﴿طَلِّقُوْهُنَّ لِعِدَّتِهِنَّ﴾.” [بخاري۔ كتاب التفسير]

The Correct and Sunnah Method of Divorce:

In this hadith, the method of giving divorce and correctly counting the ‘iddah is explained, and the following points are learned from it:

1. Giving divorce during menstruation is such a sinful act and a violation of Allah’s law that the Messenger of Allah ﷺ became angry. Because if divorce is given during menstruation, the three “quroo’” cannot be correctly counted, whether “qur’” is taken to mean menstruation or purity. If it is taken to mean purity, then the remaining days of menstruation after divorce are counted in excess of the ‘iddah, and if it is taken to mean menstruation, the question arises whether the menstruation during which divorce was given should be counted or not. Whatever option is chosen, it will be a violation of Allah’s law.
2. The words of the Prophet ﷺ, “Order him to take her back,” show that although giving divorce during menstruation is against the Sunnah and sinful, legally it will still count as one divorce, otherwise there would be no point in taking her back. Based on this, the jurists say that although giving three divorces in one sitting is against the Sunnah and forbidden, all three divorces will take effect.
3. To the extent of analogy, their statement seems correct. But in the presence of the text that during the Prophetic era, the era of Abu Bakrؓ, and the first two years of the era of Umarؓ, three divorces given in one sitting were counted as only one divorce, [مسلم۔ كتاب الطلاق۔ باب طلاق الثلاث]
this analogy loses its value. Because analogy is not permissible in the presence of a clear text.
4. Divorce should be given in the state of purity in which there has been no intercourse, and the best way is to give divorce at the beginning of the period of purity. However, a woman who has not been consummated with can be divorced in both the state of purity and menstruation, because in her case, issues of lineage and inheritance do not arise. Similarly, a woman who does not menstruate or is pregnant can be divorced even after intercourse, because in these cases, the purpose of ‘iddah is not compromised or doubtful.
5. The correct method of divorce is that in the period of purity in which the man wishes to divorce, he should not have intercourse. Then, giving one divorce is sufficient, and the entire ‘iddah should be allowed to pass. In this way, an irrevocable divorce will take effect, and there are two benefits: first, the man retains the right to return until the end of the ‘iddah, and second, even after the divorce takes effect, if both parties agree, there remains the possibility of renewing the marriage.

The Three Types of Divorce:

According to the Hanafis, there are three types of divorce: (1) Ahsan, (2) Hasan, (3) Bid’i [هدايه اولين۔ كتاب الطلاق۔ باب طلاق السنة]
Ahsan is the method mentioned in the above hadith. It is also called “talaq al-sunnah,” and the Companions (may Allah be pleased with them) preferred this method. Hasan divorce is to give one divorce in each period of purity without intercourse, i.e., the first in one period of purity, the second in the next, and the third in the third. In this case, as soon as the third divorce is given, the man’s right to return ends, although the ‘iddah is still ongoing. Furthermore, both parties cannot remarry until the woman marries another man unconditionally, and then if the new husband divorces her willingly or dies, the woman can remarry her first husband. This method of divorce is generally considered the Shari’ah method, but to the best of my knowledge, this method is not proven by any marfu’ hadith. Its source is the opinion of Sayyiduna Abdullah bin Abbasؓ, which is mentioned at the end of the hadith of Rukanah in Musnad Ahmad, vol. 1, p. 265, in these words: *Fakana Ibn Abbas yara innama al-talaq ‘inda kulli tuhr* (Ibn Abbas used to hold the opinion that divorce should be given in each period of purity), i.e., Ibn Abbas (may Allah be pleased with them both) was of the opinion that three divorces should not be given together, but separately in each period of purity. And Imam Shafi’i also considers this type of divorce to be against the Sunnah.

Forms of Bid’i Divorce:

Bid’i divorce is when a person (1) gives three divorces at once, (2) gives three divorces at different times in the same period of purity, (3) gives divorce during menstruation, and (4) gives divorce in a period of purity in which he has had intercourse. Whoever does any of these acts will be sinful. It should be clear that all jurists consider the bid’i method of divorce to be forbidden.

[5]
The Harms of Un-Islamic Divorce:

That is, whoever does not follow these laws will definitely suffer some harm in this world. Not giving divorce according to the Sunnah will lead to differences in counting the ‘iddah, and difficulties will arise. Then issues of lineage and inheritance will also arise, the right of return during ‘iddah or part of it will be lost, and there will be no way to renew the marriage without halalah. Some scholars have also taken this verse as evidence that giving three divorces at once results in all three taking effect. Otherwise, if it is counted as only one revocable divorce and the right of return remains, then what harm has occurred? The answer is that this is also an analogy, and analogy has no value in the presence of a clear text.

Giving Three Divorces at Once is a Major Sin and Forbidden:

As for the harm, is it not enough that he has committed a forbidden act and a major sin, and all jurists agree on this? And it is such a great sin that during the Prophetic era, when a person gave three divorces at once, the Prophet ﷺ stood up in anger and said: “Is the Book of Allah being played with and mocked in my presence?” To the extent that a person stood up and said: “O Messenger of Allah ﷺ! Should I not kill him?” [نسائی۔ کتاب الطلاق۔ باب الطلاق الثلاث المجموعۃ ومافیہ من التغلیظ]
Moreover, the very mindset is incorrect that if a person does not suffer any worldly punishment or harm for committing a major sin, he has not wronged himself. In fact, the real harm is the harm of the Hereafter.

[6] By new situation is meant the ways of reconciliation, mutual consent, and return that become apparent to both parties after coming to their senses and reflecting on the harms of divorce.