Is a woman divorced by two declarations or by one if her husband says to her, "You are divorced; you are forbidden to me," while he is angry and she is menstruating, and what is the ruling after three months have passed?
Scholars have differed on the ruling concerning a man's statement to his wife: "You are unlawful to me." Some are of the view that it constitutes a major, irrevocable divorce (baynunah kubra), while others hold that the ruling depends on the intention of the speaker (whether it be divorce, ẓihār, īlāʾ, or an oath). This latter view is the most preponderant, based on the Prophet, peace and blessings be upon him, who said: "Indeed, actions are by intentions."
The divorce of an angry person is valid, unless the anger reaches the point of unconsciousness and loss of awareness, by analogy with someone who is coerced or insane, based on the Prophet, peace and blessings be upon him, who said: "There is no divorce and no emancipation in a state of ighlāq."
The divorce of a menstruating woman is valid according to the majority of scholars, though it is forbidden to initiate it. The husband must take back his wife if the divorce is revocable (rajʿī), as established from the of Ibn Umar, may Allah be pleased with them both.
The man must consult the courts to present his case and act according to their judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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