Does the third divorce count after two previous divorces, one of which occurred during menstruation, knowing that the wife was given a choice regarding her divorce, then she said that she had divorced her husband (khula'), then he said to her, "You are divorced"?
Divorce pronounced during menstruation is effective according to the majority of scholars. A husband's statement to his wife: "Your divorce is in your hand whenever you wish" places the matter in her hands, though this delegation of authority may be invalidated by the end of the session, or by the husband having intercourse with her before she pronounces the khul'. If the wife divorces herself after being granted this authority, either her divorce takes effect and she becomes irrevocably separated (baynunah kubra), or it does not take effect and the delegation of authority becomes void, and she becomes irrevocably separated by the husband's statement: "You are divorced." Since the matter involves complexity and differing opinions, it is advisable to refer it to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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