The kinds of divorce: ahsan, hasan, and bid'ah
The prescribed (sunnah) methods of giving divorce - ahsan and hasan - set against the innovated (bid'ah) methods that go against them.
Islam teaches a proper, careful way to give a divorce if it has to happen, so there's still a chance to reconsider. Giving it in a rushed or improper way is wrong, even though the divorce still happens.
By method, divorce is of two kinds: Sunnah (proper) divorce and Bidʿah (innovated) divorce. "Sunnah" here does not mean that giving it earns reward - it means that if a divorce has to be given, this is the method to use. Whether a particular divorce given this way is commendable or blameworthy still depends on the intention behind it.
Sunnah divorce is itself of two kinds: Ahsan (best) and Hasan (good).
Ahsan divorce - agreed on by all scholars as the prescribed method - is: the husband gives his wife a single revocable divorce during a period of purity (free from menstruation) in which no intercourse has occurred with her, and then gives no second divorce before her waiting period ends. If the wife is pregnant, giving the divorce during that period also counts as Ahsan.
Hasan divorce is a method scholars disagree on whether it counts as prescribed. For a wife who has not been consummated (a virgin), it is one revocable divorce, given regardless of her state of purity or menstruation. For a wife who has been consummated, it is three divorces given separately, one in each of three periods of purity in which no intercourse took place.
Bidʿah divorce is given contrary to the prescribed method. It covers the following cases:
| Case | Why it is Bid'ah |
|---|---|
| Given during the wife's menstruation | The prohibition exists so the husband does not divorce out of a passing distaste caused by her natural state, when reconciliation might still be possible. |
| Given after intercourse in a period of purity | It falls outside the prescribed timing. |
| The divorce is irrevocable | It removes the possibility of reconsideration that the prescribed method preserves. |
| Multiple divorces given in one period of purity | More than the single, considered pronouncement the prescribed method calls for. |
Whoever gives a Bidʿah divorce is sinful. If a revocable divorce was given this way, he should reconcile with her before her waiting period ends. [The source text adds: if an irrevocable or a light irrevocable divorce is given after the waiting period, a new marriage must take place - see the note below.]
By method, ṭalāq divides into Sunnah (the prescribed method) and Bidʿah (contrary to it). Being "Sunnah" does not itself carry reward; it means only that this is the method to be followed if ṭalāq must be given at all. The propriety or blameworthiness of a particular instance still turns on the intention behind it.
Sunnah ṭalāq is itself of two kinds: Aḥsan and Ḥasan.
Aḥsan - unanimously agreed among the scholars as the prescribed method - consists of the husband giving his wife a single revocable ṭalāq during a ṭuhr (period of purity from menstruation) in which no intercourse has taken place, and then giving no second ṭalāq before her ʿiddah is complete. Where the wife is pregnant, giving the divorce during that state is likewise Aḥsan.
Ḥasan is disputed among the scholars as to whether it counts as the prescribed method. It takes two forms: for a ghayr madkhūlah bihā (non-consummated, i.e. virgin, wife), a single revocable ṭalāq given irrespective of her state of purity or menstruation; for a madkhūlah bihā (consummated) wife, three ṭalāqs given separately across three ṭuhrs in which no intercourse occurred.
Bidʿah ṭalāq is given contrary to the prescribed method, comprising the following cases.
| Case | Why it is Bid'ah |
|---|---|
| Given during the wife's menstruation | The prohibition on ṭalāq during ḥayḍ exists to prevent the husband divorcing out of a passing distaste arising from her natural state, foreclosing reconciliation that might otherwise occur. |
| Given during a ṭuhr in which intercourse has already occurred | It falls outside the timing the prescribed method requires, since pregnancy cannot yet be ruled out. |
| The ṭalāq given is irrevocable (bāʾin) | It removes the scope for reconsideration the prescribed method preserves. |
| More than one ṭalāq given within a single ṭuhr | Exceeds the single, considered pronouncement the prescribed method calls for. |
The one who commits a Bidʿah ṭalāq is sinful, and should reconcile (rujūʿ) before the ʿiddah ends if what was given was a revocable ṭalāq.
Terms on this page
Related
- Revocable and irrevocable divorce, and divorce before consummation The difference between a divorce the husband can take back and one he cannot, the two degrees of irrevocable divorce, and how many divorces count for a wife who was never consummated.
- Taking the wife back during her waiting period (ruju') How a husband may take his wife back after a revocable divorce, while her waiting period is still running, without a new marriage contract.
- The waiting period (iddah) after divorce or death Why a wife must wait before remarrying, and how long the wait is for a divorced, widowed, pregnant, or never-consummated wife.
- The words that effect a divorce: explicit and allusive The difference between words that always mean divorce and words that only sometimes do, and when intention or circumstance decides which divorce, if any, occurs.