Is a conditional divorce, based on bleeding that occurred after intercourse, counted as such if the nature of the bleeding – whether menstrual or other blood – is uncertain, especially given the irregularity of post-partum bleeding?

According to the majority of jurists, divorce occurs during menstruation, and this is our preferred view if the husband intended divorce. However, if he intended prevention or urging and did not intend divorce, then it does not occur, and an expiation for breaking an oath is required. Conditional divorce occurs upon the fulfillment of the condition. So, if the condition is fulfilled during menstruation, it is a divorce during menstruation. The decisive factor is the time the condition is fulfilled, not the time of uttering the divorce. The blood that flowed from March 27th to April 3rd and from April 23rd to April 28th is menstrual blood, and the lightness of the flow on the second day does not affect this. If the conditional divorce occurred on May 6th, and the condition was fulfilled before May 15th, then the divorce occurred during a period of purity. However, if the condition was fulfilled after the bleeding of May 15th began and before purity, then the divorce does not occur because it occurred during menstruation.