What is the ruling on one who divorced his wife while she was menstruating, knowing that, then had intercourse with her thereafter, and the divorce occurred in a state of anger?
Divorcing a menstruating woman is impermissible, as it violates the Qur’an and . However, the majority of scholars hold that such a divorce is valid, though the one who initiates it commits a sin. If this was the first or second divorce and sexual intercourse occurred thereafter while the woman was still in her (waiting period), this is considered a رجعة (revocation of divorce). However, sexual intercourse before the menstruating woman purifies herself is forbidden, based on the Almighty’s saying: "And they ask you about menstruation. Say, 'It is an impurity, so keep away from women during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you.'" As for divorce pronounced in anger, it is like any other divorce, unless the person pronouncing it is not in control of his faculties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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