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The question

Does a husband's divorce pronouncement count if he is in a state of major ritual impurity (junub) and angry, and would it be considered a second divorce pronouncement if the wife later seeks a divorce?

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

If the divorce occurs during a period of purity in which the husband had intercourse with his wife, or if it occurs while she is menstruating or in postpartum bleeding (), it is a forbidden divorce but is nevertheless effective according to the majority of scholars, and this is the most preponderant view. However, Shaykh al-Islam Ibn Taymiyyah and those who agreed with him held that it does not take effect because it is an innovative (bid'i) divorce. If the divorce occurs during a period of purity in which the husband did not have intercourse with her, but it was after something necessitating without intercourse (such as the emission of semen), then it is effective without disagreement. Divorce does not take effect if the husband utters it while in a state of severe anger that makes him unaware of what he is saying. However, if he is aware of what he is saying, his divorce is effective. Divorce is counted as one pronouncement if the husband divorces her while she is still under his marital bond. As for khul', there is a difference of opinion among scholars regarding whether it counts towards the three pronouncements of divorce.

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Ftawy
Original fatwa ID
113683
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