Does the first divorce that occurred while the wife was menstruating count, given that two other divorces were issued later?
The adopted by us is that divorcing your wife during her menstruation is effective, and by that, she has irrevocably separated from you (bainunah kubra). You cannot take her back unless she marries another man—a marriage of genuine desire, not for the purpose of making her lawful for you (tahlil)—and he consummates the marriage with her, then he divorces her or dies, and her ' (waiting period) from him expires. However, if someone seeks a fatwa from someone whose religiosity and knowledge they trust, and that person issues a fatwa that a bid'i (innovated) divorce does not occur, or if a court rules similarly for him, then there is no blame on him for acting upon it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 144976
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy