What is the ruling regarding a man divorcing his wife three times at intermittent periods, the last of which was while she was pregnant, knowing that the first divorce occurred during her menstruation without his knowledge, and all of them took place while he was angry? Does this divorce count?
1. The divorce () issued during menstruation is valid according to the majority of scholars, and this is the most preponderant opinion. What the judge did was merely to document this divorce.
2. The second divorce is valid, and its occurrence is not hindered by the wife's unawareness of it.
3. The third divorce issued via a phone message is considered an ambiguous divorce (kinayah talaq). It becomes effective if the husband intended divorce by it; otherwise, it is not binding on him.
4. If the three divorces occurred while you were still married to the husband, then you are unlawful for him, and you cannot return to him unless you marry another man and then divorce him after consummation.
5. Divorce only occurs if the wife is still married to her husband or is in her waiting period () after a revocable divorce.
6. We advise consulting a court or scholars to review the details of the case, bearing in mind that the divorce of an angry person is not effective if he was unaware of what he was saying.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118938
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118938
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy