Does divorce occur in the following cases: 1. If intercourse takes place between the spouses using a condom during the period of purity? 2. If intercourse takes place between the husband and his infertile wife during the period of purity? 3. If intercourse takes place between the spouses during the period of purity, where the wife uses a protective measure to avoid pregnancy (temporary or permanent)? 4. If divorce occurs during menstruation for an infertile woman or a woman who uses a protective measure to avoid pregnancy (temporary or permanent)?
Divorce pronounced during a period of purity (Tuhr) in which the husband has had intercourse with his wife is an innovated divorce (Talaq Bid'i) by scholarly consensus. The majority holds that it is effective, while some scholars are of the opinion that it is not.
The intercourse considered is penetration in the vagina by inserting the glans (penis head), and it entails rulings such as the obligation of Ghusl (ritual bath) and Kaffarah (expiation), whether or not there is a barrier on the male. All forms of intercourse mentioned are considered innovated divorce.
As for a man having intercourse with his wife while there is a barrier (such as a condom), there is a difference of opinion among jurists. However, the majority holds that if the barrier does not prevent pleasure, then the intercourse that occurs with it is considered valid intercourse.
In conclusion, the use of a condom does not affect the rulings; Ghusl is obligatory with it, and divorce after it is an innovated divorce according to the preponderant opinion. Similarly, one spouse being infertile or the use of contraception does not affect the consideration of the intercourse.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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