Divorce is the separation (of a husband) from a wife via a statement or a writing or an indication (sign). The basic rule concerning divorce is that it is distasteful (makrooh, discouraged) because it leads to the loss of the benefits of marriage mentioned earlier, and causes the family to become scattered. A hadeeth said:
«The most hateful thing permitted by Allaah is divorce.»
But, since sometimes divorce is unavoidable, either because the woman is suffering by remaining with the husband, or because he is suffering by remaining with her, or for other reasons, Allaah permitted it out of mercy to His servants, and did not restrict them with difficulty and strictness.
Thus, if a man dislikes his wife, and cannot persevere and stay with her, then he is allowed to divorce her, but he must observe the following:
1) That he should not divorce her during her monthly period, and if he divorces her during her period, he has committed a sin towards Allaah and His prophet (sal-Allaahu 'alayhe wa sallam), has done a forbidden act, and must revoke her divorce and keep her under his custody till she is clean, and then he may divorce her if he wishes, but the best thing is to wait till she has observed another period, then when she has become clean, he may divorce or retain her.
2) That he should not divorce her, even outside her menstrual period, if he has already had intercourse with her except if her pregnancy has already become apparent. Thus, if a man wishes to divorce his wife, after he has already had sexual intercourse with her after her period, he should not divorce her until she has observed and finished another period, even if the time were long. Then, he may divorce her before he has intercourse with her. Except if her pregnancy has already appeared, or she was already pregnant. In that case he is allowed to divorce her.
Allaah the Exalted says:
{O Prophet! When you divorce women, divorce them to face their 'Iddah (prescribed periods), …} (Soorah at-Talaaq, Aayah 1)
Ibn Abbas (RA) said: (the meaning is) "Do not divorce her while she is in her period, nor after that if you have already had intercourse with her. Rather, he should leave her, till she has finished her period, then divorce her once."
3) That he should not divorce her more than once: Thus, he should not say: "You are divorced twice, or three times!" Or: "You are divorced! You are divorced! You are divorced!" Because pronouncing three divorces at once is forbidden, as it was reported that the Prophet (sal-Allaahu 'alayhe wa sallam) said, concerning a man who divorced his wife three times at once, "Is the Book of Allaah taken in mockery whereas I am in the midst of you?" To the extent that a man stood up and said: O Prophet of Allaah (sal-Allaahu 'alayhe wa sallam) shouldn't I kill him?
Certainly many people are ignorant about the rules of divorce, so at any time they thought of divorcing, they divorce, without worrying about the time or number. But, it is compulsory upon the servant to stay within the Allaah's limits because Allaah the Exalted has said:
{And whoever transgresses the limits ordained by Allaah, then such are the Zaalimoon (wrong-doers, etc.).} (Soorah al-Baqarah, Aayah 229)
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