Sayyiduna Ali (may Allah be pleased with him) said: Allah, the Glorious and Exalted, has said: "If you fear discord between husband and wife, appoint an arbiter from his people and an arbiter from her people; if they desire reconciliation, Allah will grant them the ability to do so. Surely, Allah is All-Knowing, All-Aware." These arbiters have the authority to separate the husband and wife or to reconcile them.

Imam Malik (may Allah have mercy on him) said: I have heard from the people of knowledge that the statement of the arbiters regarding separation or reconciliation is valid and enforceable, whether the arbiters were appointed with the permission of the husband and wife or without their permission. According to some, their statement is enforceable only in reconciliation. Separation cannot occur without the husband pronouncing divorce, except if the husband has given the arbiter the authority to pronounce divorce, in which case the divorce will be effective.

Sayyiduna Umar bin Khattab (may Allah be pleased with him), Sayyiduna Abdullah bin Umar (may Allah be pleased with them both), Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him), Salim bin Abdullah, Qasim bin Muhammad, Ibn Shihab, and Sulaiman bin Yasar say: Whoever swears an oath regarding the divorce of a woman before marriage, then after marriage breaks that oath, the divorce will take effect.

Sayyiduna Abdullah bin Mas'ud, may Allah be pleased with him, used to say: Whoever says, "The woman whom I marry is divorced," and does not mention any specific tribe or a particular woman, then this statement will be considered void.

Imam Malik, may Allah have mercy on him, said that if a person says to his wife: "If I do not do such-and-such a thing, then you are divorced, and any woman I marry is divorced, and my wealth is charity in the way of Allah," and then he does not do that thing, then his wife will be divorced. But as for what he said, "any woman I marry is divorced," if he did not specify a particular woman or a particular tribe, then it will be void. And he will have to give one-third of his wealth in charity.

Saeed bin Musayyib used to say: If a person marries a woman, but is unable to have intercourse with her, he should be given a respite of one year. If he is able to have intercourse during this period, then that is better; otherwise, separation will be effected.

Imam Malik, may Allah have mercy on him, asked Ibn Shihab: From when should the one-year respite be given? From the day of seclusion? Or from the day the case is presented before the judge? He said: The invitation will be given from the day the case is presented.

Imam Malik, may Allah have mercy on him, said: The person who has already had intercourse with his wife, and then for some reason becomes incapable, there is no need to give him respite, nor will there be separation.

It is narrated from Ibn Shihab that the Messenger of Allah, peace and blessings be upon him, said to a Thaqafi man who had become Muslim and had ten wives: "Keep four and leave the rest."

Ibn Shihab said: I heard from Sa'id bin al-Musayyib, Humayd bin 'Abd al-Rahman bin 'Awf, 'Ubaydullah bin 'Abdullah bin 'Utbah bin Mas'ud, and Sulayman bin Yasar; all of them said: We heard Abu Hurayrah (may Allah be pleased with him) say that I heard 'Umar (may Allah be pleased with him) say: If a woman is divorced by her husband with one or two divorces, then he leaves her until her 'iddah is over, and she marries another husband, then that second husband dies or divorces her, and then her first husband marries her again, then he will have the right to the remaining one divorce.

Imam Malik (may Allah have mercy on him) said: According to us, there is no difference of opinion in this matter.

Thabit bin Ahnaf married the umm walad of Abdur Rahman bin Zaid bin Khattab. He was summoned by Abdullah, who was the son of Abdur Rahman bin Zaid bin Khattab. Thabit said: I went to him and saw that whips were placed there, and two iron shackles were set, and two slaves were present. Abdullah said to me: Divorce this umm walad, otherwise I will do such and such to you. I said: If that is the case, then I have given her a thousand divorces. When I passed by them, on the road to Makkah, I met Sayyiduna Abdullah bin Umar (may Allah be pleased with them both). I mentioned this to him, and he became angry and said: This is not a divorce, and that umm walad is not forbidden to you; go to your home. Thabit said: I was not satisfied with his answer until I came to Makkah to Sayyiduna Abdullah bin Zubair (may Allah be pleased with him), and he was the governor of Makkah in those days. I narrated this story to him and also mentioned what Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) had said. Sayyiduna Abdullah bin Zubair (may Allah be pleased with him) said: Surely, that woman has not become forbidden to you; go to your wife. He wrote a letter to Jabir bin Aswad Zuhri, who was the governor of Madinah, instructing him to punish Abdullah bin Abdur Rahman and to hand over his wife to him. Thabit says: When I came to Madinah, the wife of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both), Safiyyah, adorned my wife and sent her to me with the knowledge of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both). Then I held a wedding feast and invited Sayyiduna Abdullah bin Umar (may Allah be pleased with them both), and he attended the feast.

Abdullah bin Dinar said: I heard Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) reciting: «﴿يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ﴾ [الطلاق: 1] » "O Prophet! When you divorce women, then divorce them at the commencement of their waiting period (iddah)."
Imam Malik (may Allah have mercy on him) said: Its meaning is that one should give one divorce in each period of purity (tuhr).