Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Divorce during menstruation and post-natal bleeding.

Machine translationRead the Arabic original
The Shaykh : If he divorces her while she is menstruating, then the divorce is forbidden.
If he divorces her while she is menstruating, it is a forbidden divorce.
Why?
Because he did not divorce her for the waiting period, since this menstrual period in which the divorce occurred is not counted as part of the waiting period. And if it is not counted, the implication is that he did not divorce her for the waiting period, and in that case, the divorce is forbidden.
Now, if he divorces her while she is experiencing post-natal bleeding, is it a divorce for the waiting period or not?
The answer: It is a divorce for the waiting period.
Why? Because post-natal bleeding is not considered part of the waiting period, nor is it counted as part of the waiting period.
So if he divorces her, she enters her waiting period immediately, since her waiting period is three menstrual periods.
And post-natal bleeding is not counted as part of the waiting period, unlike if he divorces her during menstruation, in which case menstruation is part of the waiting period.
For this reason, it is forbidden to divorce her while she is menstruating.
As for if he divorces her while she is experiencing post-natal bleeding, he has divorced her for the waiting period, so the divorce takes effect.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas