Does an innovated divorce that occurred while the wife was menstruating take effect, and in this case, is it obligatory to return to the first wife after I divorced the second?
Our fatwa is based on the opinion of the majority of scholars regarding issues of divorce, which are: the occurrence of divorce during menstruation, the occurrence of divorce by swearing an oath of divorce absolutely, and the occurrence of a triple divorce by uttering the word "three." Based on this, your wife has become irrevocably divorced from you (major separation). If you have previously sought a fatwa from someone whose knowledge and piety are trusted, then there is no harm for you in following his fatwa. However, it is necessary to be cautious about frequently moving between different muftis and about using divorce pronouncements to solve marital problems.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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