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Does a divorce that takes place during the first period of purity (Tuhr) after the husband took back his wife while she was menstruating, following a previous divorce, count as a valid divorce? And how many divorces are counted in this case? And do all three divorces count if he utters them at once during this period of purity?

1 min readAlso available in العربية

The fatwa we adopt states that divorce pronounced during menstruation, or during a period of purity (ṭuhr) that was preceded by intercourse, is an effective divorce, despite its being an innovated (bid‘ī) form of divorce. This is the view of the majority of scholars. However, if someone seeks a fatwa from a trustworthy scholar concerning their religion and knowledge, and that scholar issues a fatwa that innovated divorce does not take effect, or if they refer the matter to a Sharia court and it rules accordingly, then there is no harm in acting upon that.

Based on this, the man has issued two divorces to his wife: the first during menstruation, and the second during the period of purity that followed it.

And if he says: "You are divorced, then divorced, then divorced," the fatwa we adopt is that three divorces take effect. Some scholars, however, hold the view that successive divorces without a new marriage contract or a رجعة (reconciliation) constitute only one divorce.

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

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