Does the divorce pronounced by the husband with the words: "You are divorced" and uttered during his wife's menstrual period, without the presence of witnesses, take effect, and what should the husband do if he wishes to take his wife back?
The majority of scholars hold the view that divorce pronounced during menstruation is valid and effective, even though it is considered an innovative divorce (bid'i). There is no requirement for witnesses for a divorce to take effect. It is recommended for a husband who divorced his wife while she was menstruating to take her back and then divorce her after she has become pure. Some scholars, such as the Hanafis and Malikis, made this obligatory, while it is considered by the Shafi'is and Hanbalis. If this was the first or second pronouncement of divorce, the husband may take his wife back before the expiry of her ', either verbally or through sexual intercourse.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/164950
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 164950
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy