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Does the first divorce that occurred while the wife was menstruating count, given that two other divorces were issued later?

1 min readAlso available in العربية

The fatwa adopted by us is that divorcing your wife during her menstruation is effective, and by that, she has irrevocably separated from you (bainunah kubra). You cannot take her back unless she marries another man—a marriage of genuine desire, not for the purpose of making her lawful for you (tahlil)—and he consummates the marriage with her, then he divorces her or dies, and her 'iddah (waiting period) from him expires. However, if someone seeks a fatwa from someone whose religiosity and knowledge they trust, and that person issues a fatwa that a bid'i (innovated) divorce does not occur, or if a Sharia court rules similarly for him, then there is no blame on him for acting upon it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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