Does a divorce issued by a husband while he was in a state of anger, divorcing his wife three separate times without witnesses, take effect, knowing that he had previously divorced her twice during menstruation?
Divorce pronounced during menstruation is effective despite being a blameworthy innovation. It is valid without witnesses. It is also valid if pronounced by the husband while angry, so long as he has not completely lost his mind. If the divorces were pronounced while the husband was fully aware, the wife is irrevocably divorced from him with a major separation (baynunah kubra), and he cannot take her back unless she marries another husband who then divorces her or dies, and her waiting period () expires. In this situation, it is not permissible for her to remain with him. It is advisable to present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 167887
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy