Allah—Exalted be He—says:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا
O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no 'Iddah [divorce prescribed period, see (V. 65:4)] have you to count in respect of them. So give them a present, and set them free i.e. divorce, in a handsome manner.
Seven Issues Related to This Verse as mentioned by Al-Imam Al-Qurtubi in his Tafseer, May Allah have Mercy on him
First Issue:
Allah—Exalted be He—says: يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ...
When the incident of Zayd and his divorce of Zaynab occurred—where she had consummated the marriage and the Prophet Peace Upon him married her after her waiting period ended, Allah addressed the believers regarding the ruling on divorcing a wife before consummation. He clarified this ruling for the entire Muslim community.
Thus, if a woman is divorced before being touched (i.e., before consummation), she has no waiting period to observe, as explicitly stated in the Qur’an and agreed upon by the Muslim community. However, if consummation has taken place, she must observe a waiting period by unanimous consensus.
Second Issue:
The term Nikaah (marriage) literally refers to intercourse, and the reason why a marriage contract is called Nikaah is due to its association with it, as it serves as a means to it.
A comparable example is the term ithm (sin) being used to refer to alcohol because consuming it leads to sinful behavior.
In the Qur’an, the word Nikaah is used exclusively to mean contract because it implicitly refers to intercourse. This is in accordance with the etiquette of the Qur’an, which uses euphemisms for intercourse, such as touching (ملامسة), contact (مماسة), approaching (قربان), and covering (تغشي).
Third Issue:
Some scholars have used the phrase ثُمَّ طَلَّقْتُمُوهُنَّ (then you divorce them) and the delay implied by the word thumma (then) as proof that divorce can only occur after marriage. According to this view, if a man attempts to divorce a woman before marrying her—even if he specifies her by name—it has no legal effect.
This opinion was supported by over thirty Companions, Followers, and leading scholars. Al-Imam Al-Bukhari listed twenty-two of them.
A hadith has been reported from the Prophet Peace Upon him stating: "There is no divorce before marriage." The meaning is that divorce does not take effect unless marriage has already taken place.
Habeeb ibn Abi Thabit reported that when Ali ibn Al-Husayn was asked about a man who said to a woman, "If I marry you, then you are divorced," he responded: "This statement means nothing. Allah mentioned marriage before divorce."
However, another group of scholars, including Imam Maalik and all his followers, as well as a large number of scholars from the Muslim community, held that if a man swears to divorce a specific woman, tribe, or group of people before marrying, his divorce is binding if the marriage occurs.
For example, if he says, "Any woman I marry is divorced," or "Any slave I buy is free," these statements carry no legal weight.
However, if he says, "Any woman I marry within twenty years is divorced," or "If I marry a woman from a specific town or tribe, she is divorced," then the divorce is binding—unless he fears hardship due to the long duration or his age suggests he may not live that long. In such a case, he is permitted to marry.
This ruling exists because an absolute generalization (e.g., "I will never marry") excessively restricts lawful marriages, which could lead to hardship and temptation. Some scholars stated that if an alternative such as owning concubines is available, then marriage is not necessary. However, this opinion is weak because necessity and difficulty can nullify certain rulings, making this case similar to one where no oath was taken in the first place. This was the view of Ibn Khuwiz Mandad.
Fourth Issue:
The scholar Dawud and those who follow his opinion argue that if a man divorces his wife revocably, then takes her back before her waiting period ends, and subsequently divorces her again before consummation, she is not required to complete the waiting period nor observe a new one, as she remains a divorcee before consummation.
However, Ataa ibn Abi Rabah and others disagreed, arguing that she must complete the waiting period of her first divorce. This is one of the two opinions of Imam Ash-Shaafi'i.
According to this view, if a man divorces his wife in her waiting period before taking her back, it is as if he divorced her twice within the same period, and her waiting period continues from the first divorce.
Imam Maalik, however, ruled that if a man takes back his wife and then divorces her before consummation, she must observe a fresh waiting period from the second divorce. If he took her back with no intention of maintaining the marriage, then divorced her again, he has wronged himself.
The majority of scholars support this view, arguing that in financial and domestic matters, she is treated like a wife who has consummated the marriage. For this reason, she must observe a new waiting period from the day of the second divorce. This is the opinion of most scholars from Basra, Kufa, Makkah, Madinah, and Sham. Imam Ath-Thawri stated that this was the consensus of jurists in his region.
Fifth Issue:
If a woman is irrevocably divorced but not given a final triple talaq, and she remarries during her waiting period, then is divorced again before consummation, scholars have differed on her financial rights and waiting period.
Imam Maalik, Ash-Shaafi'i, Zafar, and Uthman Al-Batti ruled that she is entitled to half the dowry and must complete the waiting period of her first marriage. This is also the view of Al-Hassan, Ata, Ikrimah, and Ibn Shihab.
Imam Abu Haneefah, Abu Yusuf, Ath-Thawri, and Al-Awzaa'i, however, ruled that she is entitled to the full dowry of the second marriage and must observe a new waiting period. They reasoned that she is effectively like a consummated wife because her waiting period was from the second husband.
Dawud held that she is entitled to half the dowry and has no further waiting period to observe.
The strongest opinion is that of Imam Malik and Ash-Shafi'i, and Allah knows best.
Sixth Issue:
This verse provides a specific exception to the general rulings of:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ... فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ
The details of mut'ah (consolatory gift after divorce) have already been discussed in Surah Al-Baqarah, so there is no need for repetition here.
Seventh Issue:
The phrase فَمَتِّعُوهُنَّ (grant them a provision) was considered abrogated by the verse in Surah Al-Baqarah:
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ
which does not mention the mut'ah gift.
The phrase وَسَرِّحُوهُنَّ means release them. According to Abu Hanifa, tashreeh (releasing) is a euphemism for divorce, requiring intention, whereas Al-Shafi'i considers it explicit.
Finally, سَرَاحًا جَمِيلًا (a graceful release) refers to a divorce given according to the Sunnah, not an innovated form of divorce..