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The question

What is the ruling on a divorce that occurred during menstruation while the husband was unaware of it, knowing that the wife left the marital home two months ago and does not wish to return, and does she bear a sin for that?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The wife bears no sin for an innovative divorce (talaq bid'i). However, if she leaves without her husband's permission, she is sinful unless she has a legitimate Shar'i excuse, and she must repent. As for returning to the husband, if the divorce is revocable (raj'i) and still within the 'iddah (waiting period), the husband has the right to take her back, and the wife's consent is not required. However, if the divorce is irrevocable (baynunah), the wife has the choice to either return or refuse, and she should consider what is in her best interest, especially if they have children. Both spouses should resolve their problems wisely and fulfill their duties to ensure family stability.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
87712
Imported
Translation status
Source text, unreviewed
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