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The question

Is a divorce that occurs during menstruation counted? Does the husband have the right not to financially support his wife and daughter, to demand the return of the gold paid, and not to pay the agreed-upon car installments?

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

Divorce during menstruation is valid according to the general body of scholars, representing the view of the majority. This is based on the statement of Ibn Abd al-Barr that the Prophet's (peace be upon him) command to Ibn Umar to take back his wife, whom he had divorced while she was menstruating, indicates that divorce during menstruation is valid and binding, because taking back (reconciliation) only occurs after a divorce is confirmed as valid. It is also based on the statement of Ibn Umar, who, when this issue was presented to him, counted that divorce as valid. This is the ruling we issue.

As for maintenance (nafaqah), it is obligatory upon the husband for his wife, even if she is wealthy, based on the Almighty's saying: "Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not burden a soul beyond what He has given it. Allah will bring about ease after hardship." (At-Talaq: 7), and the Prophet's (peace be upon him) saying: "And for them (wives), you must provide their sustenance and clothing in a reasonable manner." Refusing to provide obligatory maintenance when one is able to do so is forbidden and considered a major sin.

If the gold was part of the dowry or a gift, the husband has no right to take it. If it was given as a loan (ariyah), he has the right to take it back. If the purpose is not specified, reference is made to the prevailing custom in the country.

The promise to pay the car installment is not legally binding (shar'an), but it is recommended according to the majority of scholars.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
152204
Imported
Translation status
Source text, unreviewed
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