Is a divorce issued by a husband in a state of extreme anger valid, given that his wife was menstruating at the time he uttered the divorce, and knowing that he had previously divorced her twice and taken her back with a new contract each time?
A man divorcing his wife while she is menstruating is forbidden by the Qur’an, the , and the consensus of scholars. This type of divorce is considered a Bid'i divorce (innovative divorce). Scholars have differed regarding the validity of such a divorce. The majority of scholars, including the four Imams, hold that it is valid, though the one who issues it is sinful, citing the of Ibn Umar (may Allah be pleased with both of them) as their evidence. However, Sheikh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim held that it does not occur. The preponderant view is that of the majority, which is that divorcing a menstruating woman is valid, but the one who does so is sinful. As for the anger that prevents the occurrence of divorce, it is the overwhelming anger that renders a person unaware of what he is uttering.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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