Is it valid to divorce a woman via a text message while she is menstruating, given that the husband was unaware of her menstruation, and he had verbally reconciled with her during her iddah from a previous divorce, and no complete sexual intercourse occurred between them after the reconciliation?
If a husband takes back his wife during the ' (waiting period) of a revocable divorce, the retrieval is valid, whether or not intercourse occurred. Divorce during menstruation is an innovative (bid'i) divorce that takes effect despite being sinful. The husband's unawareness of his wife's menstruation does not prevent the divorce from taking effect, but it excuses him from the sin. A written divorce expressed through an ambiguous term (kinayah) does not take effect unless intended by the husband. If the husband's intention cannot be ascertained, the matter should be referred to a Shariah judge. One must be cautious not to be lenient regarding divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 186437
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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