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What is the ruling regarding the occurrence of the second and third divorce pronouncements, knowing that they occurred while the wife was menstruating and in postpartum bleeding, and has the wife become irrevocably divorced (baynunah kubra)? Is it possible to adopt the fatwa that the divorce of a menstruating or postpartum woman does not occur? And in the event that the divorce is deemed not to have occurred, does the wife return with a new contract, or is she still under the marital bond?

1 min readAlso available in العربية

Anger does not prevent the occurrence of divorce as long as the person is aware of what he is saying. The majority of scholars hold that divorce during menstruation and post-natal bleeding (nifas) is valid – even though it is an innovated and forbidden act – and this is the issued fatwa. Therefore, if you divorced your wife with three pronouncements while being aware and having chosen to do so, she has become irrevocably separated from you (baynunah kubra), and she is not lawful for you unless she marries another man and he then divorces her or dies. It is permissible to adopt the view of those who do not consider an innovated divorce (talaq bid'i) to be valid, such as Ibn Taymiyyah – may Allah have mercy on him – if it is based on the اعتقاد (belief) of its correctness. In this case, your wife remains under your marital bond.

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

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