If a woman is divorced while she is menstruating, and the husband claims that the divorce takes effect after she becomes pure, does she observe the waiting period (iddah) by the number of menstrual cycles, or is the month that passed while she was on birth control counted?
The of the majority of scholars is that divorce occurs during menstruation, and this is the most preponderant and the issued .
If the husband says: "After your menstruation ends, consider yourself divorced when you perform ," then if he intended a new divorce, it becomes effective upon the occurrence of the condition upon which it was suspended, which is performing ghusl.
The menstrual period during which the divorce occurred is not counted towards the (waiting period) by the consensus of scholars.
The iddah does not end except after three menstrual periods following the end of the period during which the divorce occurred. The month in which menstruation did not occur is not counted towards the iddah; rather, it is obligatory to wait for the return of menstruation to complete the iddah, unless the woman becomes menopausal, in which case her iddah is three months.
The first divorce is effective, and the second one occurs if the husband intended it. He has the right to take his wife back before the completion of the iddah, provided that the total number of divorces has not reached three.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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