Does a divorce take effect if a man divorces his wife while she is menstruating, and her menstruation extends for two months due to an illness, knowing that this is the third divorce?
Menstruation cannot last for two months; its maximum duration is fifteen days. If bleeding exceeds this, the woman becomes a mustahadah (experiencing irregular bleeding).
Divorce always occurs for the woman, whether the divorce takes place during menstruation or , because divorcing a menstruating woman is valid according to the four Imams and the majority of scholars, even if the divorcer is sinful.
A mustahadah has all the rulings of pure women, and it is permissible to divorce her.
If this divorce is the third one, then the woman has become irrevocably divorced (baynunah kubra), and she is not lawful for her first husband until she marries another man, he consummates the marriage with her, and then he divorces her or dies.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 117746
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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