Does the final divorce take effect if the husband is under a spell and divorces his wife, believing she bewitched him, knowing that he divorced her during a period of purity not preceded by intercourse, while the previous seven divorces did not take effect because they occurred during menstruation or after intercourse?
Divorce pronounced during menstruation or during a period of purity following intercourse is effective according to most scholars. If an inquirer seeks a from someone whose religiosity and knowledge he trusts, or refers the matter to a court, and they rule that the divorce is not valid, then he is not at fault for acting upon that ruling. A divorce pronounced by someone who is enchanted (mas-hoor) without conscious choice or awareness is not considered valid. However, if it is pronounced with awareness and choice, then it is effective. It is recommended to present the issue to a Sharia court or to trusted scholars and to act upon their ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 147288
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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