Does divorce take place and is the waiting period (iddah) obligatory for a woman if her husband swore an oath conditioned upon an act, and she then committed that act while in her postpartum bleeding (nifas) period?
The majority of scholars hold that divorce during menstruation or postpartum bleeding is valid, and that contingent divorce takes effect if the condition is met, regardless of whether the husband intended divorce or merely a threat. Some scholars, like Ibn Taymiyyah, are of the view that an innovative (bid'i) divorce does not take effect, and that a contingent divorce intended as a threat does not bring about divorce but rather requires an expiation for breaking an oath. Accordingly, the is that the divorce has occurred if the condition was met, and the husband may take you back before the ' expires, provided this divorce does not complete the three divorces.
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- Original fatwa ID
- 139512
- Imported
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