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Does divorce occur in the following cases: the husband saying to his wife, "You are divorced if you call your mother and tell her that I insulted her," and then the wife makes the call; the husband divorcing his wife in anger while she is menstruating because she left the house; and the husband divorcing his wife in anger while she is menstruating after she left the hotel at night and refused to return?

1 min readAlso available in العربية

The majority of scholars hold that a conditional divorce takes effect when the condition is met, and this is the fatwa we follow. This differs from Sheikh Al-Islam Ibn Taymiyyah, who holds that divorce does not occur if the husband did not intend to make the divorce conditional, and he is obligated to offer an expiation for breaking an oath.

Divorce during menstruation is an innovated and prohibited divorce (طلاق بدعي محرم), yet it is considered valid by most scholars. Anger does not prevent the occurrence of divorce unless it is so severe that it overwhelms the person's intellect. It appears that the man divorced while being aware of what he was saying.

Therefore, the fatwa we follow is that his wife has become irrevocably divorced from him (بينونة كبرى). The matter should be presented to a Sharia court or to trustworthy scholars.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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