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The question

Did a divorce (talaq) take place in the situation mentioned in Fatwa no. 153733?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The previous stated that divorcing a wife during her menstruation is considered a valid divorce according to the majority of scholars, and this is the most preponderant opinion. It also stated that she has returned to your marital bond after you took her back. If you lean towards the view of those who say that the divorce of a menstruating woman does not count, such as Ibn Taymiyyah, then you may adopt that view, and it would not be counted as a divorce, nor would there be a need to take the wife back. The summary is that your wife has returned to your marital bond according to both opinions; the difference lies in whether it is counted as a divorce against you or not. If you wish to be cautious, consider it as a divorce that has been counted against you. If you wish to adopt the view of the scholars you trust, there is no harm in that.

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Where this answer came from
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Ftawy
Original fatwa ID
116550
Imported
Translation status
Source text, unreviewed
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