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The question

Is the condition, "If she goes to her family's house, or calls them, she is divorced," still valid or has its time expired, if the wife called her family during her menstrual period, knowing that divorce does not occur to her in this state?

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

The majority of scholars hold that a divorce takes place if it is conditioned upon an action, such as when a husband tells his wife: "If you contact your family, then you are divorced," and she contacts her family. In this case, the divorce occurs. If the wife performs this action defiantly, with the intention of bringing about the divorce, there is a difference of opinion among scholars. The majority maintains that it occurs, but some meticulous scholars believe it does not occur, treating her with the opposite of her intention. According to the opinion of the majority, the divorce has occurred upon the occurrence of the conditioned action, and the divorce does not reoccur if she repeats her action, because the wording does not necessitate repetition.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
143808
Imported
Translation status
Source text, unreviewed
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