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The question

Is a triple divorce and a pronouncement of Ẓihār valid if uttered during menstruation, by saying, "You are divorced by three and you are to me as the back of my mother," and what are the resulting rulings, such as the requirement of a new contract for reconciliation and the necessity of expiation for Ẓihār?

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

Most scholars are of the opinion that the divorce of a menstruating woman is effective, and that uttering the word "three" for divorce counts as three divorces. This is the fatwa.

Based on this, the wife has become irrevocably divorced from her husband with a major divorce (baynunah kubra). He cannot take her back unless she marries another man willingly, and then he divorces her or dies, and her waiting period (iddah) expires.

As for the ẓihār (a pre-Islamic form of divorce by likening one's wife to one's mother) uttered by the husband after the triple divorce, it does not take effect because it occurred after the finality of the divorce and therefore did not apply to a wife still under his marital bond.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
155137
Imported
Translation status
Source text, unreviewed
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