Does divorce or Dhihar occur during menstruation, and is reconciliation and intercourse permissible after 15 days, based on a fatwa that they do not occur?
Divorce pronounced during menstruation is effective according to the majority of scholars. The husband incurs no sin if he was unaware of the menstruation. If, after the divorce, the husband says, "You are forbidden to me like the sacredness of my mother," this constitutes Dhihar if he intended it as such, or a divorce if he intended it as a divorce and fewer than three divorces had preceded it, or an expiation for a broken oath if he intended it as an oath or had no specific intention. Dhihar is valid when pronounced by a menstruating woman, and there is no legal impediment to it. A revocable divorce does not prevent Dhihar. The husband may take his wife back if he has not completed three divorces, but he may not have intercourse with her before performing the expiation for Dhihar. If the husband follows the opinion of those who do not consider the divorce of a menstruating woman valid, there is no harm upon him, but he must still perform the expiation for Dhihar if he intended Dhihar.
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