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The question

Does a divorce count if the spouses forget when it occurred, while remembering that they were divorced twice, one of which was during the postpartum period?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man is certain that a divorce has occurred, he is not harmed by forgetting its timing or doubting whether it happened before or after the second divorce. However, doubt about the actual occurrence of divorce does not make it effective. Divorce pronounced during postpartum bleeding (nifas) is an innovated (bid'i) divorce. The majority of scholars hold that it is effective, while some, like Shaykh al-Islam Ibn Taymiyyah, the Permanent Committee (for Islamic Research and Fatawa), and Shaykh Ibn Baz, are of the view that it is not effective, citing the Almighty's saying: ﴿O Prophet, when you [men] divorce women, divorce them for [the commencement of] their waiting period﴾ [Quran 65:1], meaning when they are pure and have not had intercourse.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
7478
Imported
Translation status
Source text, unreviewed
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