Is the questioner still considered a wife after being divorced while she was menstruating, and then she requested khulʿ from him? And must she give away in charity everything the husband gave her, or only the mahr?
First: Divorce during menstruation, according to the preponderant opinion, does not take effect. However, it takes effect if the husband considers it valid, or follows an opinion, or is given a fatwa to that effect. But if he is an unlearned person and considers it valid by himself, it does not take effect.
Second: Khul' (divorce at the instance of the wife) has pillars, among them a clear verbal formula, either explicit or allusive. What the husband wrote is among the allusive expressions, and he must be asked about his intention behind it.
Third: If the divorce took effect and the waiting period (iddah) has ended, then khul' does not take effect, and the wife is irrevocably divorced with a minor irrevocability (bainunah sughra). If, however, the divorce did not take effect, then the khul' is to be considered. If it takes effect, it also necessitates a minor irrevocability, and khul' is not counted among the number of divorces. If neither divorce nor khul' took effect, then the woman is still a wife.
Given the multiple possibilities and the importance of hearing the husband's statement, it is advisable to consult scholars directly.
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- Original fatwa ID
- 190808
- Imported
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