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Is it permissible to divorce a woman in postpartum bleeding (nifas), and what is the duration of nifas in the case of a C-section, and what is the ruling on swearing by divorce not to lie throughout one's life, and when does this oath cease to be valid?

1 min readAlso available in العربية

Divorce during the period of postpartum bleeding (nifas) is an unlawful, innovative divorce (طلاق بدعي محرم). It is considered valid by the majority of scholars, but Sheikh al-Islam Ibn Taymiyyah and those who agreed with him do not consider it valid.

The blood discharged due to a C-section operation is subject to the rules of nifas, and its maximum duration is forty days.

Whoever conditioned his wife's divorce upon her lying to him throughout his life, then nothing becomes binding upon him if she does not lie. However, if she lies, the divorce takes effect according to the majority of scholars, while Sheikh al-Islam Ibn Taymiyyah holds that an expiation for breaking an oath (kaffarat yamin) becomes binding if he did not intend divorce.

This oath cannot be cancelled, but it is dissolved by the first divorce. So, if the wife lies for the first time and the divorce occurs, the husband is not bound by divorce if she lies again, provided that the wording of the oath does not necessitate repetition.

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Ftawy
Original fatwa ID
101317
Imported
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Source text, unreviewed
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