What is the ruling on one who forgets the woman's state at the time of divorce, whether she was menstruating or in a state of purity in which he had intercourse with her?
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The Shaykh : Yes.
The questioner : Now, O Shaykh, if a man does not remember the woman's state at the time of divorce, but it is most likely that she was either menstruating or in a state of purity in which he had intercourse with her, because that is her custom, what is the ruling if he is in doubt?
The Shaykh : It is obligatory for him, if he intends to divorce, to ask. He should say, for example, "Are you menstruating?" As for the state of purity in which he had intercourse with her, that is clear; he knows it himself. Likewise, if she is pregnant, he does not need to ask, because the divorce of a pregnant woman takes effect in any case, even if he had intercourse with her and divorced her before she performed the full ritual bath from major ritual impurity, the divorce is valid.
The questioner : May Allah reward you.
The questioner : Now, O Shaykh, if a man does not remember the woman's state at the time of divorce, but it is most likely that she was either menstruating or in a state of purity in which he had intercourse with her, because that is her custom, what is the ruling if he is in doubt?
The Shaykh : It is obligatory for him, if he intends to divorce, to ask. He should say, for example, "Are you menstruating?" As for the state of purity in which he had intercourse with her, that is clear; he knows it himself. Likewise, if she is pregnant, he does not need to ask, because the divorce of a pregnant woman takes effect in any case, even if he had intercourse with her and divorced her before she performed the full ritual bath from major ritual impurity, the divorce is valid.
The questioner : May Allah reward you.