Is a divorce effected in two cases: First, if the husband swears by divorce that he will not hit his wife, then he hits her on the head with his hand, taking into account the broad meaning of hitting, and that the wife was menstruating? Second, if the husband says to his wife, "You are divorced," while he is angry and she is menstruating, and that was three years ago?

The fatwa we adopt is that the divorce of a menstruating woman is valid despite its being an innovation (bid‘ah). Therefore, if the husband explicitly pronounced "I divorce you," being fully aware and choosing to do so, that divorce takes effect, even if it occurred during menstruation. As for his swearing by divorce to refrain from hitting, and then doing what pained you, the preponderant opinion with us is that the oath is broken and divorce occurs. Consequently, two divorces have now occurred for you. However, some scholars hold the view that divorce does not occur during menstruation, and that the divorce of one who swears by divorce for emphasis or prevention does not take effect upon breaking the oath, but rather an expiation for an oath (kaffarat yamin) becomes obligatory upon him.