Does the husband's third divorce utterance count if he pronounces it immediately after intercourse?
Divorcing a woman during her menstruation or during a period of purity in which he (the husband) had intercourse with her is unlawful by scholarly consensus, based on the Almighty's saying: "O Prophet, when you [men] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period." [Quran 65:1]. This is also based on the agreed-upon story of Ibn Umar. Scholars have differed regarding the validity of such a divorce. The majority of the Salaf and Khalaf, and this is the view of the Four Imams, held that it is valid, even if the divorcer is sinful. This is the correct view, as it was counted as one divorce in the story of Ibn Umar, and the Prophet, peace and blessings be upon him, mentioned that it was one.
Therefore, the wife is no longer a wife to this man, and she must return to her family and observe her waiting period (iddah) with them. She is not entitled to maintenance or housing unless she is pregnant. It is not permissible for the husband to take her back, nor is it permissible for him to marry her again unless she marries another man in a true, lawful marriage, not a marriage of stratagem.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/90468
- Source platform
- Ftawy
- Original fatwa ID
- 90468
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy