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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Divorce During Menstruation

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Question:
We move on to another questioner who says: What is the ruling in Islam regarding divorce during menstruation? Is it permissible or not permissible?

Answer:
It is not permissible. By scholarly consensus, it is not permissible
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting periodيَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ
[At-Talaq 65:1]
meaning when they are in a state of purity, without sexual intercourse. Divorce during menstruation is forbidden. If he divorces her during menstruation, he must take her back. It is obligatory for him to take her back and keep her until she becomes pure, then she menstruates, then she becomes pure. If he wishes, he may divorce her; if he wishes, he may keep her. Divorce during menstruation is forbidden. He must take her back. The point of disagreement is whether the divorce takes effect or not? This is the point of disagreement: does it take effect or not? The majority hold that it takes effect, despite its prohibition, so he commits a sin and the divorce takes effect. Yes.

The presenter:
May Allah reward you,
Source نور على الدرب - الفوزان - 02/226 — archive.org (12:17)

The Arabic text is a machine transcription of the audio recording.

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