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The question

What is the ruling on divorcing a menstruating wife after the marriage contract but before consummation, and are a new dowry and a new contract required to take her back?

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

It is permissible for a man to divorce his menstruating wife with whom he has not consummated the marriage, because there is no harm to her due to the absence of an ' (waiting period) for her, as Allah Almighty says: (O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is no waiting period ['iddah] for you to count concerning them). If he divorces her before consummation, he has no right to take her back. If he wishes to take her back, he must enter into a new contract and pay a new mahr (dowry).

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Ftawy
Original fatwa ID
10443
Imported
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Source text, unreviewed
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