Is it permissible to divorce one's wife during her period of menstruation or postpartum bleeding?
Your statement to your wife’s uncle, "Her paper will come to her on the fourth of Shawwal," is an ambiguous utterance of divorce (kinayah), and divorce does not occur by it except with intention, unless it was uttered in a state of anger or due to a serious request from the woman.
If you did not intend divorce, then it does not occur. If you did intend it, there are two possibilities:
1. If you intended to threaten divorce on the mentioned day, then divorce does not occur because a threat is not a divorce. 2. If you intended that she would be divorced if she did not return by the mentioned time ( 5th), then this is a conditional divorce. The view of the majority of scholars is that it occurs upon the fulfillment of the condition, so she would be divorced on the 4th of Shawwal. This is the preponderant opinion.
As for the wife being menstruating, it has no effect, because what is forbidden is divorcing a woman during menstruation, not making it conditional.
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