Does the bid'ah divorce take effect?

Question:
This is a letter we received from 'Abd al-Majid 'Abd al-Ahmad, from Riyadh, in which he asks about the bid'ah divorce. He says: "Peace be upon you, and Allah's mercy and blessings. After that:"
"Does the bid'ah divorce take effect? For example, if a man pronounces three divorces at once, or divorces his wife during a period of purity in which he had intercourse with her? And how do we reconcile the hadith of Ibn 'Umar, in which the Prophet (peace and blessings be upon him) ordered him to take her back when he divorced her during a period of purity in which he had intercourse with her?"

Answer:
The bid'ah divorce occurs in terms of time, and it occurs in terms of number. In terms of number, it is when a man pronounces three divorces with a single word, saying: "You are divorced three times," or with words, saying: "You are divorced, then you are divorced, then you are divorced," or "You are divorced, you are divorced, you are divorced," or "You are divorced, and divorced, and divorced," or "I consider you divorced, I consider you divorced, I consider you divorced." This is bid'ah.
The Sunnah is to pronounce only one divorce; this is the Sunnah, and one should not increase beyond it. This is because he may regret it and take her back, and he should not close the door on himself. Also, because Allah has legislated that divorce be pronounced one after another, not all at once. This is because a person may become angry, or a situation may arise, and he may pronounce the divorce, then regret it and realize he made a mistake, and take her back if he did not pronounce three divorces.
However, the scholars differed regarding the pronouncement of three divorces in a single utterance: does it take effect and result in a final divorce from her husband, or does only one take effect, or does none of them take effect at all? The majority of the scholars hold that it takes effect, and the woman is finally divorced, not to be lawful for her divorcer again except after another husband and after consummation, following 'Umar (may Allah be pleased with him) when he ruled accordingly and pleased him.
Some scholars from the Tabi'un and those after them hold that it is counted as one revocable divorce. This is a narration from Ibn 'Abbas (may Allah be pleased with them both), and it is also narrated from 'Ali, al-Zubayr ibn al-'Awwam, and 'Abd al-Rahman ibn 'Awf. This is based on what is established from Ibn 'Abbas (may Allah be pleased with them both) that Abu al-Sahba' asked him, saying: "O Ibn 'Abbas, were the three divorces not considered as one in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and the beginning of 'Umar's caliphate?" Ibn 'Abbas said: "Yes." These scholars used this hadith as evidence that pronouncing three divorces with a single word is considered one divorce. This is a well-established narration from Ibn 'Abbas that this is considered one divorce if it occurs with a single word.
As for when it occurs with phrases such as: "You are divorced, you are divorced, you are divorced," or "I consider you divorced, I consider you divorced, I consider you divorced," or "You are divorced, and divorced, and divorced," and the like, what I know from the scholars is that it takes effect; all three divorces take effect, and the woman becomes finally divorced (divorce of major finality), not lawful to her divorcer except after another husband and consummation.
I do not know of anyone among the Companions or the Tabi'un who explicitly stated that only one divorce takes effect in this case. Rather, the apparent meaning of what I have heard and read is that all of it takes effect; all three divorces take effect. Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held that only one divorce takes effect, just as if he had pronounced three divorces with a single word. He equated this with that, and held that the divorce that takes effect after the first one only occurs after a new marriage or after taking her back. As for if he attached the second and third divorces without a new marriage or taking her back, he held that this does not take effect. This is his statement (may Allah have mercy on him). However, I do not know a clear basis for it that can be relied upon from the perspective of transmitted evidence, even if it is sound from the perspective of meaning. But I do not know a basis for it from the perspective of transmitted evidence. Therefore, the ruling I issue is that all three divorces take effect, based on the apparent meaning of what is transmitted from the righteous Salaf in this matter. The three grouped divorces are only considered one divorce if it is with a single phrase: "You are divorced three times," or "So-and-so is divorced three times," or similar phrases, as came from Ibn 'Abbas, if it is with a single word.
As for the bid'ah divorce in terms of time, meaning in terms of the woman's state, it is when she is menstruating, or in post-natal bleeding, or in a period of purity in which he had intercourse with her. This is called a bid'ah divorce. The basis for this is what Ibn 'Umar (may Allah be pleased with them both) narrated that he divorced his wife while she was menstruating. That reached the Prophet (peace and blessings be upon him); 'Umar informed him. So the Prophet (peace and blessings be upon him) said to 'Umar: meaning in His saying: [Al-Talaq:1]. And by this it is known that Ibn 'Umar divorced her during menstruation, not during a period of purity in which he had intercourse with her. Rather, he divorced her during menstruation, not as the questioner said. Ibn 'Umar divorced her during menstruation, not during a period of purity in which he had intercourse with her. But the Messenger (peace and blessings be upon him) guided him to the fact that divorce should be during a period of purity in which he did not have intercourse with her. This is the Sunnah, or during a state of pregnancy. Therefore, in the other wording: So the Sunnah divorce is that it be during a period of purity in which he did not have intercourse with her, or during a state where her pregnancy is evident and apparent. This is the Shari'ah divorce.
As for divorcing her while she is menstruating, or in post-natal bleeding, or in a period of purity in which he had intercourse with her, and her pregnancy is not evident; this is called a bid'ah divorce in these three places: in the state of post-natal bleeding, in the state of menstruation, and in the state of a period of purity in which he had intercourse with her, and her pregnancy is not evident. In these three states, the divorce is bid'ah. The first two states are Sunnah: in the state of her being in a period of purity in which he did not have intercourse with her, and in the state of her being pregnant with her pregnancy evident. In these two states, the divorce is Sunnah, not bid'ah.
As for the three states: the state of menstruation, post-natal bleeding, and the state of a period of purity in which he had intercourse with her; the divorce in these is bid'ah. It is not permissible for the husband to divorce in these three states: not in the state of menstruation, not in the state of post-natal bleeding, and not in the state of a period of purity in which he had intercourse with her.
And if he wants to divorce, he should ask her and say: What is her state? He should inquire in detail and verify the matter. And he should not divorce in a state of anger; because the angry person is weak in insight. So what he should do is not to divorce in a state of anger, but to verify the matter, not to rush, and to seek refuge in Allah from Satan in a state of anger. Then, if he resolves to divorce, he looks: if she is menstruating, or in post-natal bleeding, or in a period of purity in which he had intercourse with her, he does not divorce. And this is from the mercy of Allah; because He, the Exalted, loves for the marriage to remain, and He dislikes divorce, as in the hadith: .
So from the mercy of Allah is that He narrowed the paths of divorce, making it only one according to the Sunnah, and making it not appropriate to be pronounced except in two states: in the state of a period of purity in which he did not have intercourse with her, and the state of the appearance of her pregnancy. As for in the state of menstruation and post-natal bleeding, and in the state of a period of purity in which he had intercourse with her; divorce is prohibited. And all of this is from the facilitation of Allah, and from the narrowing of the paths of divorce and the means of divorce; so that the marriage remains longer.
Then the scholars differed in this: does the bid'ah divorce take effect or not? It is now clear that it is forbidden, and it is not permissible for the husband to proceed with it. But does it take effect if he proceeds and disobeys his Lord and does it? Does it take effect or not? There are two opinions:
One is that it takes effect, with sin. This is the well-known opinion among the scholars, and it is what Ibn 'Umar did. He pronounced the divorce on himself when he was asked. He said: "What if I am unable and have acted foolishly?" He said: "Wait." Nafi' and others narrated that he pronounced it, and that he counted it. Al-Bukhari narrated: "I counted it as one divorce against me."
A group of scholars held that this divorce is not counted and does not take effect, which is what was narrated from Ibn 'Umar himself (may Allah be pleased with him) , for Muhammad ibn 'Abd al-Salam al-Khashni, the famous hadith master, narrated from him with a good chain that Ibn 'Umar was asked about a man who divorced his wife while she was menstruating, whether the divorce takes effect? He said: It does not take effect. He said: .
This was also narrated from Khalas ibn 'Amr al-Hajri, and from Tawus and others, that it does not take effect; because it is forbidden, so it does not take effect; because what Allah has prohibited is worthy of not taking effect. Therefore, the prohibited sale, even though it is a defective sale, and the marriage with a defect is defective, does not take effect. So likewise, the prohibited divorce does not take effect. Unlike the three divorces, which are counted as one; one takes effect from it, as mentioned earlier if it is with a single phrase. And this opinion, which some scholars held, even though the well-known disagreement and the disagreement of the majority is the other way, this opinion is more apparent in evidence and stronger in evidence that it does not take effect; because it is bid'ah, contrary to the command of Allah. And Allah says: [Al-Talaq:1]. And this is divorcing her outside the waiting period, so his divorce does not take effect. Rather, it becomes an action not in accordance with the command of the Prophet (peace and blessings be upon him), so it is rejected. He said (peace and blessings be upon him): meaning: so it is rejected. And this is the most apparent. Yes.