Is a man's divorce of his wife with the third pronouncement effective if he was doubtful about her state of purity, and then it became clear that her bleeding had stopped but she had not yet performed ghusl?
Divorce during menstruation is an innovated and forbidden divorce (طلاق بدعي محرم). The majority of scholars hold that it takes effect (وقوعه), while some went to the opinion that it does not take effect (عدم وقوعه), and this is the more preponderant view (الراجح). If the bleeding stops and the woman has not yet performed ghusl (ritual bath), divorce becomes permissible and takes effect. Ibn Qudamah mentioned that the cessation of bleeding removes the prohibition of divorce due to menstruation, and divorce becomes permissible and effective even if she has not performed ghusl. This is the madhhab of Ahmad and Al-Shafi'i. Furthermore, the evidence for the permissibility of divorce after the cessation of bleeding is the saying of the Prophet, peace and blessings be upon him: "Order him to take her back, then divorce her when she is pure or pregnant." And a woman becomes pure upon the cessation of bleeding.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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