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Do the two divorces mentioned count: the first when the husband said, "You are divorced," not intending divorce but rather to take his wife back, and she was pregnant and in a period of purity during which he had intercourse with her, and the second when the husband said, "You are divorced," while he was angry and his wife was menstruating, based on the details of the two cases?

1 min readAlso available in العربية

The phrase "You are divorced" is an explicit declaration of divorce and causes divorce to occur without the need for intention.

If a husband says to his wife "You are divorced" twice: 1. The first divorce (during pregnancy and after intercourse): This divorce is effective according to the majority of scholars, and it is a Sunnah divorce, not a Bid'ah (innovation). 2. The second divorce (during menstruation): According to the majority of scholars: This is considered an effective second divorce if there was a return (revocation) after the first divorce and before the delivery of the child (even by intercourse or its preliminaries). However, if no return occurred until the child was delivered, then a minor irrevocable divorce (baynunah sughra) has taken place, and the second divorce is not effective because it did not occur in a valid marital bond. She is not permissible for him except with a new contract, unless the total number of divorces has reached three. According to Sheikh al-Islam Ibn Taymiyyah: A divorce that occurs during menstruation does not take effect because it is an unlawful Bid'ah (innovative divorce). Accordingly, the wife remains under the husband's marital bond if he revokes the divorce before the delivery of the child, provided this divorce does not complete the three divorces.

Note: It is not permissible for the wife to seek divorce without a legitimate Shar'i (Islamic legal) excuse, as the Prophet, peace and blessings be upon him, said: "Any woman who asks her husband for divorce without any harm (justification), the scent of Paradise will be forbidden to her."

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

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