Does the divorce issued by the husband, when he said to his wife, "You are forbidden to me as my mother is forbidden to me," take effect, given his repeated divorces of her and her forgetting some details of the previous divorce before the Mufti?
The majority of scholars hold the view that divorce pronounced during menstruation, postpartum bleeding (nifas), or during a period of purity following intercourse, is valid despite being a blameworthy innovation (bid'i). This is the fatwa that is acted upon.
As for a husband declaring his wife unlawful to him like his mother, this is considered zhihar. If this statement is made regarding a wife already in wedlock, it takes effect, and it becomes unlawful for the husband to have intercourse with her until he performs the expiation for zhihar, as mentioned in the words of Allah Almighty: "And those who declare zhihar among themselves from their wives and then recant that which they said - then [there must be] the freeing of a slave before they touch one another. That is an admonition for you; and Allah is Acquainted with what you do." (Al-Mujadila:3).
If the husband divorces his wife with three pronouncements, she becomes irrevocably divorced (baynunah kubra) from him. He cannot take her back unless she marries another man in a desired marriage, and then the new husband divorces her after consummating the marriage, or dies, and her waiting period (iddah) from him expires. In such a case, he should not have intercourse with her until he performs the expiation for zhihar.
It is advisable to present the matter to an Islamic court or to trustworthy scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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