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Does a husband's divorce take effect if it occurs during a period of purity in which intercourse has taken place?

1 min readAlso available in العربية

If a husband divorces his wife during a period of purity in which he had intercourse with her, then this divorce is an innovated (bid'i) and forbidden divorce, but it is effective according to the majority of scholars, and this is the most preponderant opinion. If the divorce does not complete the three (talaqs) and the waiting period (iddah) has ended, then the wife is not lawful for her former husband except with a new contract. If the divorce completes the three (talaqs), then she is not lawful for him until she marries another husband with a valid marriage, he consummates the marriage with her, and then he divorces her. The preponderant opinion is the view of the majority of scholars regarding the effectiveness of an innovated (bid'i) divorce.

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

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