What is the ruling on divorce during menstruation?

The questioner : If a man divorces with a firm intention in his mind, whether during menstruation or not, it is according to the intention. The Messenger of Allah (peace and blessings be upon him) said so, and it was established based on that. What is the difference? The man returns now.

The Shaykh : He is not a man. Yes.

The questioner : No, I don't think so.

The Shaykh : The desire for release from the separation. They say it is easy, but he wants release from the separation.

The questioner : You and this and that?

The Shaykh : Now I tell him: if he divorced with the first divorce during menstruation, and the second during a period of purity in which they had intercourse, and the third while she was lawful. If we say the divorce takes effect, she is now divorced irrevocably and not lawful to him. If we say that divorce during menstruation does not take effect, and divorce during a period of purity in which they had intercourse does not take effect, and divorce during pregnancy does take effect, does she become separated from him or not?

The questioner : For yourself.

The Shaykh : What is it, O Master?

The questioner : I have the intention. I do not have the intention.

The Shaykh : He intended at the beginning to divorce, and there is no issue with him. Even if she marries after her waiting period ends, there is no objection. Do you understand?

The questioner : Possible. No, I mean when he divorced three times during menstruation, or...

The Shaykh : Yes.

The questioner : He followed three times.

The Shaykh : They see that it is nothing. What they see does not take effect. They say: he has not divorced yet. He has not divorced even one.

The questioner : If the conditions are met, O Shaykh, it is a practical permission. Yes.

The Shaykh : But he says a barrier was found. And that divorce at a time other than its proper time, and whoever does an action for which there is no command from us, it is rejected. The problem is that it takes effect or not; that is another matter. But for a person to believe and follow those who see that it takes effect, and have no issue with this, and the people before this era did not see that divorce during menstruation or during a period of purity in which they had intercourse ever takes effect, and they did not know this opinion. Then they come today trying to return to their wives with this trick.

The questioner : He did not mention what he mentioned, O Shaykh. He did not mention it.

The Shaykh : No. Even though we hold that divorce during menstruation does not take effect, and during the period of purity in which they had intercourse does not take effect, if someone comes to us after years saying he divorced her during menstruation and during a period of purity in which they had intercourse, and says the divorce has taken effect and is in the past, and you are a divorcer, on the basis that this is what you hold Allah to be, and if your wife marries after her waiting period ends, you did not turn away, and we cannot lift this belief from you ever. The opinion that it takes effect is not an anomalous opinion such that we say it is not to be followed. It is the majority of the Ummah, its scholars and its followers.