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What is the ruling regarding a husband divorcing his wife three times, where the first time she was menstruating and he was angry and hitting her, and the second time they were quarreling and he told her "you are divorced" over the phone while they were in different countries, and the third time he was hysterically hitting her and told her "you are divorced" but she did not leave her home, and each time he tells her "I have taken you back into my عصمة" (conjugal bond), and some have issued a fatwa to them that the divorce did not take place?

1 min readAlso available in العربية

The madhhab of the majority of scholars is that divorce issued during menstruation takes effect, and even though it is bid'i (innovative) and sinful, it is binding. The wife is affected by the divorce as long as she is still in the marriage bond, and this includes the revocably divorced woman. If the husband divorces his wife three times while she is still in his marriage, she becomes irrevocably separated from him by a major divorce (baynunah kubra), and she is not permissible for him again until she marries another husband and he consummates the marriage with her, and then he divorces her. However, if the divorce is less than three, the husband can take her back before the 'iddah (waiting period) ends. As for the madhhab of Shaykh al-Islam Ibn Taymiyyah, divorce during menstruation does not take effect because it is bid'i and forbidden; however, the preponderant view is that of the majority. Finally, the divorce of an angry person does not take effect if his anger is so severe that he loses awareness, but if he is aware, his divorce is binding.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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