Innovated Divorce (Bid'i)

**Definition:** Innovated divorce (bid'i) is the divorce that a man pronounces in the prohibited manner that the Lawgiver forbade. It relates to two matters: 1. The number of divorces 2. The timing of divorce **Examples:** - If he divorces her three times with one utterance - Or three separate times in one period of purity - Or divorces her while she is menstruating or in post-natal bleeding - Or divorces her in a period of purity during which he had intercourse and her pregnancy is not apparent All of these are innovated, prohibited divorces, forbidden by Sharia, and the one who does them is sinful. --- **Rulings:** **Bid'i in Number:** If a man divorces his wife with three divorces at once, she becomes prohibited to him until she marries another husband. - **Evidence:** Allah says: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries a husband other than him" [Al-Baqarah: 230] **Bid'i in Timing:** If a man divorces during menstruation, it is recommended for him to take her back. - **Evidence:** Ibn Umar رضي الله عنه divorced his wife while she was menstruating, and the Prophet ﷺ commanded him to take her back [Bukhari & Muslim] - If he takes her back, he must keep her until she becomes pure. Then if he wishes, he may divorce her. --- **Does Bid'i Divorce Take Effect?** Yes, the innovated divorce takes effect like the Sunnah divorce, because the Prophet ﷺ commanded Ibn Umar to take his wife back, and taking back (raj'ah) can only occur after divorce has taken effect. Therefore, this divorce counts against her number of divorces.