Is a man's pronouncement to his wife—knowing that she is menstruating—"You are divorced, divorced," after a previous divorce from which he did not take her back, considered a major irrevocable divorce (baynunah kubra), or only a single divorce?
The man has violated the and committed a great sin by divorcing his wife while she was menstruating. The divorce, however, is binding, according to the majority of scholars. It is clear that he divorced his wife three times, and therefore, she has become unlawful for him until she marries another husband, as Allah Almighty says: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband." This is if his statement "you are divorced, the second time" was intended to initiate another divorce. However, if he only intended to emphasize the first divorce, then only two actual divorces have occurred, and he can take her back if she is still within her waiting period, or marry her after her waiting period ends without the need for a muhallil (a temporary husband who makes a divorced woman lawful for her previous husband).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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