Can a husband take back his wife whom he divorced with an irrevocable divorce, this being the third divorce, knowing that the divorce occurred while she was in postpartum bleeding after her miscarriage?
Blood after a miscarriage has two scenarios: Either the formation of a human being is not discernible, in which case it is istihada (non-menstrual vaginal bleeding), and the divorce takes effect on the woman. Or the formation of a human being is discernible, in which case it is (post-natal bleeding). Divorce during nifas does not take effect, according to the preponderant opinion, based on Allah's saying: "O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period." Therefore, if the formation of a human being was discernible in the miscarriage, the divorce does not take effect. But if the formation of a human being was not discernible, the divorce does take effect.
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