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The question

Is a khulʿ valid if it takes place on the second day of a woman's menstrual period?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars differed regarding the permissibility of khul' (divorce at the wife's instance, with compensation) during menstruation. The Hanbalis permitted it, arguing that the prohibition of divorce during menstruation is due to the harm of a prolonged waiting period ('), whereas khul' is to remove the harm of ill-treatment, which is more severe. The Shafi'is and Malikis, in the well-known opinion of their madhhabs, prohibited it. Sheikh al-Islam Ibn Taymiyyah attributed the permissibility of khul' during menstruation to most scholars. In any case, if khul' occurs during menstruation, it is valid.

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Ftawy
Original fatwa ID
61855
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