Does a divorce issued by a husband, who knows his wife is menstruating, take effect? And is she obligated to travel to Egypt for an irrevocable divorce, or should she wait for the 'iddah to conclude in America?
Divorce during menstruation or during a period of purity in which intercourse has occurred is an unlawful, innovative divorce (طلاق بدعي), but it is considered valid by the majority of scholars. If a husband divorces his wife fewer than three times without compensation, he may take her back before the expiration of her 'iddah (waiting period). He is not permitted to expel her from his home, nor is she permitted to leave before the 'iddah expires. The 'iddah concludes after three menstrual cycles for a menstruating woman, upon childbirth for a pregnant woman, and after three months for a young girl or a woman who has despaired of menstruation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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