The divorce in accordance with the Sunnah is to pronounce one divorce while she is in a state of purity and has not been touched. Then when she menstruates and becomes pure again, he pronounces another divorce. When she menstruates and becomes pure once more, he pronounces a third divorce. After that, she observes a waiting period of one menstrual cycle.
طلاق السنة تطليقة وهي طاهر، في غير جماع، فإذا حاضت، وطهرت طلقها أخرى، فإذا حاضت وطهرت طلقها أخرى، ثم تعتد بعد ذلك بحيضة.
Narrated by Nasai (3394), with this wording, and Ibn Majah (2021), both from the hadith of Hafs bin Ghiyath, who said, Amash narrated to us, from Abu Ishaq, from Abu Ahwas, from Abdullah, and he related it. Amash said, I asked Ibrahim, and he said the same. Nasai (3395) and Ibn Majah (2020) also have it through another route, from Yahya bin Saeed, from Sufyan, from Abu Ishaq, from Abu Ahwas, from Abdullah, who said, "Divorce according to the sunnah is that a man divorces his wife while she is pure, without having had intercourse with her." Its chain is sahih, and Sufyan is among the earliest companions of Abu Ishaq.Divorce according to the sunnah, according to the scholars, requires four conditions to be met.1. That she be in a state of purity. 2. That he has not had intercourse with her during that period of purity. 3. That he divorce her with a single pronouncement. 4. That he not follow it with another pronouncement of divorce until her waiting period is complete.There is disagreement over the fourth condition. The people of Kufa held, relying on the statement of Ibn Masud, that divorce according to the sunnah means divorcing her with one pronouncement at each menstrual cycle. Imam Ahmad said, "Divorce according to the sunnah is a single pronouncement, after which he leaves her until she has three menstrual periods." Malik and Shafii said the same. They argued that this is the waiting period during which Allah, exalted is He, commanded that women be divorced, in His saying, "So divorce them for their waiting period" [Talaq 65:1].The difference between the two positions becomes clear in this. According to those who hold the first view, the divorced woman becomes irrevocably separated once the second period of purity has ended, whereas according to the second view, she does not become irrevocably separated until after the third menstrual period has ended. There is much discussion of this matter among the jurists.As for divorce that is an innovation, it is when a man divorces his wife during her menstruation, or during postpartum bleeding, or during a period of purity in which he has had intercourse with her, or when he pronounces three divorces in a single utterance, or pronounces separate divorces in a single sitting.In the statement of Ibn Umar, "What if he had been too impotent and foolish," and his statement, "It was counted against me as one divorce," there is evidence that an innovative divorce does take effect, and this is the position held by the majority of the scholars. As for the narration of Abu Zubayr, in which it says, "and he did not consider it anything," it provides support for those who hold that an innovative divorce does not take effect, and this is the position chosen by Sheikh Islam bin Taymiya and his student Ibn Qayyim. Ibn Qayyim discussed this matter at length in Zad Mad, and I have set out a summary of the topic in Minna Kubra (6/323), so refer to it there.It has become clear to me, through the texts transmitted from Ibn Umar and others, that an innovative divorce does take effect, as held by the majority of scholars.The issues of divorce are endless, and the scholars differ greatly concerning them. I direct the reader to consult the office of religious rulings, or the judicial authority in his own country, and no one who is asked about divorce should be so bold as to answer on his own.