Are the scattered pronouncements of divorce – one of which occurred during menstruation, another after intercourse, and a third during menstruation and intense anger over the phone – considered an irrevocable divorce (talaq bain) that cannot be reversed?
The majority of jurists hold that divorce takes effect during menstruation or during a period of purity in which intercourse has occurred. The Bid'i (innovative) divorce, though sinful for the one who pronounces it, is nonetheless effective. If the second and third divorces occur during the waiting period (Iddah) or after a رجعة (revocation), they are valid. However, if they occur after the completion of the Iddah without a رجعة, the divorce does not take effect because the marital bond has ceased. If a man divorces his wife three separate times after a رجعة or a new marriage contract, she becomes irrevocably divorced from him with a major separation (Baynunah Kubra), in accordance with the Almighty’s saying: “Divorce is twice” and “And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband.” However, if he divorces her after the expiration of her waiting period, the divorce does not take effect due to the absence of a subject for the divorce, and it constitutes a minor separation (Baynunah Sughra), allowing him to return to her with a new marriage contract.
If the three divorces occurred as stated, then your husband is forbidden to you according to the majority of jurists until you marry another husband in a valid marriage and he divorces you after consummation. As for the view of Ibn Taymiyyah and those who agreed with him, divorce does not take effect during menstruation or after a period of purity in which intercourse has occurred because it is a Bid'i divorce, and thus the woman remains under her husband’s marital authority. The view of the majority is the more preponderant. It is important to note that the divorce pronounced by an intensely angry person, to the point of lacking awareness, does not take effect.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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