Is the third divorce pronouncement that occurred in a state of anger during menstruation considered an irreversible divorce (talaq bain), and does it make the wife forbidden to her husband, or is it reclaimable given that it occurred during menstruation?
The majority of scholars hold the view that divorce pronounced during menstruation is valid, and this is the most preponderant opinion. If a husband divorces his wife with the third pronouncement while she is menstruating, she becomes unlawful for him until she marries another man in a valid marriage, and then he divorces her after consummating the marriage. They cite the hadith of Ibn Umar, who divorced his wife while she was menstruating, and the Prophet, peace and blessings be upon him, ordered him to take her back, which indicates the occurrence of the divorce. In contrast, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him maintain that divorce pronounced during menstruation does not occur because it is an innovative (bid'i) and forbidden divorce. Furthermore, the divorce of an angry person does not occur if his anger is so severe that he is unaware of what he is saying. However, if he is aware of what he is saying, his divorce is valid.
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