Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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The t̤alāqu ʾl-ḥasan, or “laudable divorce,” is when the husband repudiates an enjoyed wife by three sentences of divorce, either express or metaphorical, giving one sentence in each t̤uhr, or “period of purity.” Imām Mālik condemns this kind of divorce, and says it is irregular. But Abū Ḥanīfah holds it to be ḥasan, or “good.”

The t̤alāqu ʾl-badiʿ, or “irregular form of divorce,” is when the husband repudiates his wife by three sentences, either express or metaphorical, given them one at a time: “Thou art divorced! Thou art divorced! Thou art divorced!” Or, “Thou art free! Thou art free! Thou art free!” Even holding up three fingers, or dropping three stones, is held to be a sufficiently implied divorce to take legal effect. The Muslim who thus divorces his wife is held, in the Hidāyah, to be an offender against the law, but the divorce, however irregular, takes legal effect.

In both these kinds of divorce, badiʿ and ḥasan, the divorce is revocable (rajīʿ) after the first and second sentences, but it is irrevocable (bāʾin) after the third sentence. After both ḥasan and badiʿ divorces, the divorced wife cannot, under any circumstances, return to her husband until she has been married, and enjoyed, and divorced by another husband. Muḥammadan doctors say the law has instituted this (somewhat disgraceful) arrangement in order to prevent divorces other than t̤alāqu ʾl-aḥsan.