Does divorce during menstruation take effect?
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The Shaykh : These people who sometimes write the records of how the divorce was pronounced, I see them now mentioning whether she was menstruating. There is no need to ask about that.
First: because the majority of scholars, including the four schools of jurisprudence, hold that divorce during menstruation takes effect, and that divorce during a period of purity in which intercourse occurred takes effect. Do you understand? If the majority of the Ummah is on this view, and if this obstacle is found, it is not an obstacle, how do we dig into this? Then, if we dig into this and it turns out that a man divorced his wife for the first time in the year ten, divorcing her while she was menstruating, and in the year eleven he divorced her during a period of purity in which he had intercourse with her, and in the year twelve he divorced her in extreme anger, which did not become a divorce, do we open the doors for people, even though we know with certainty that if she had married after the first divorce when her waiting period ended, yes?
The student: ... .
The Shaykh : He will not say anything. He will not say, "This is my wife." Opening the doors of legal stratagems for people is a mistake. I mentioned this because this happens to me often, but it may also happen to you. Do not ask whether you divorced her during menstruation or during a period of purity in which you had intercourse with her, or not?
Likewise, it has become confused for some people, even scholars, regarding divorce during post-natal bleeding: is it forbidden or permissible? Some people say it is forbidden, even students of knowledge, and this is a mistake. It is not forbidden. And the saying of the Prophet (peace and blessings be upon him) in the case of Ibn 'Umar: "Purified from what? From menstruation."
First: because the majority of scholars, including the four schools of jurisprudence, hold that divorce during menstruation takes effect, and that divorce during a period of purity in which intercourse occurred takes effect. Do you understand? If the majority of the Ummah is on this view, and if this obstacle is found, it is not an obstacle, how do we dig into this? Then, if we dig into this and it turns out that a man divorced his wife for the first time in the year ten, divorcing her while she was menstruating, and in the year eleven he divorced her during a period of purity in which he had intercourse with her, and in the year twelve he divorced her in extreme anger, which did not become a divorce, do we open the doors for people, even though we know with certainty that if she had married after the first divorce when her waiting period ended, yes?
The student: ... .
The Shaykh : He will not say anything. He will not say, "This is my wife." Opening the doors of legal stratagems for people is a mistake. I mentioned this because this happens to me often, but it may also happen to you. Do not ask whether you divorced her during menstruation or during a period of purity in which you had intercourse with her, or not?
Likewise, it has become confused for some people, even scholars, regarding divorce during post-natal bleeding: is it forbidden or permissible? Some people say it is forbidden, even students of knowledge, and this is a mistake. It is not forbidden. And the saying of the Prophet (peace and blessings be upon him) in the case of Ibn 'Umar: