Is a divorce issued in a state of extreme anger valid, and if so, is it considered the first or second pronouncement of divorce? What is its waiting period ('iddah), when can the wife be taken back, and is it permissible to impose conditions on her before taking her back?
The permissible divorce is when a man divorces his wife during a period of purity (tuhur) in which he has not had intercourse with her. As for divorce during menstruation (hayd) or post-natal bleeding (nifas), it is an innovative (bid'i) divorce. Scholars have differed regarding innovative divorce: the majority hold that it takes effect, while others maintain that it does not take effect because it is a forbidden innovative divorce. They adduce as evidence Allah's saying: (O Prophet, when you [men] divorce women, divorce them for [the commencement of] their waiting period) [At-Talaq/1]. The meaning of the verse is: when they are pure and without intercourse. This is the view held by Sheikh al-Islam Ibn Taymiyyah and those who followed him, as well as what the Permanent Committee and Sheikh Ibn Baz have issued as a fatwa. Therefore, a divorce issued while the woman is in her post-natal bleeding period does not take effect.
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