Is a wife considered non-consummated if she experiences vaginal spasms that prevent full intercourse, and is what occurred considered mere privacy (khalwa)? Furthermore, does a Sunnah or Bid'ah divorce occur if the husband utters it during the wife's menstrual period in this situation?
If vaginismus prevents the entire glans from entering, then this is not considered penetration, because the recognized penetration is by the disappearance of the glans.
If a proper seclusion occurs between the spouses, even with a sensory or legal impediment that prevents intercourse, then, according to the preponderant opinion, the dowry and the waiting period () are incumbent.
If the waiting period (iddah) is established by seclusion, then it is not permissible to divorce the wife while she is menstruating, because divorcing a wife with whom intercourse has occurred or for whom the waiting period (iddah) is incumbent during menstruation is a forbidden innovation (bid'ah).
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