Divorce of a menstruating woman takes effect despite the sin
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Question: A man divorced his wife while she was menstruating. Does the divorce take effect or not?
Answer: From Abdulaziz ibn Baz to the honorable brother, the virtuous Shaykh A. M. M. May Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 16/5/1390 AH has reached me, may Allah guide you, and I have reviewed the attached question regarding a man who divorced his wife while she was menstruating, asking whether the divorce takes effect or not, and that this was the final divorce, which was known.
The answer, according to the majority of scholars, is that it counts against him despite the sin. This is because when Ibn Umar (may Allah be pleased with him and his father) divorced his wife during menstruation with a single divorce, the Prophet (peace and blessings be upon him) disapproved of it and ordered him to take her back, but he did not tell him that the divorce did not take effect. Rather, it is established in Sahih al-Bukhari that the divorce counted against him. And it is not established, to our knowledge, that the Prophet (peace and blessings be upon him) asked those seeking a ruling on divorce whether they had divorced during menstruation or not. If divorce during menstruation did not take effect, he would have asked them for details. This is the most apparent view, and Allah (Glorified and Exalted is He) knows best.
And peace be upon you and the mercy of Allah and His blessings.
Answer: From Abdulaziz ibn Baz to the honorable brother, the virtuous Shaykh A. M. M. May Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 16/5/1390 AH has reached me, may Allah guide you, and I have reviewed the attached question regarding a man who divorced his wife while she was menstruating, asking whether the divorce takes effect or not, and that this was the final divorce, which was known.
The answer, according to the majority of scholars, is that it counts against him despite the sin. This is because when Ibn Umar (may Allah be pleased with him and his father) divorced his wife during menstruation with a single divorce, the Prophet (peace and blessings be upon him) disapproved of it and ordered him to take her back, but he did not tell him that the divorce did not take effect. Rather, it is established in Sahih al-Bukhari that the divorce counted against him. And it is not established, to our knowledge, that the Prophet (peace and blessings be upon him) asked those seeking a ruling on divorce whether they had divorced during menstruation or not. If divorce during menstruation did not take effect, he would have asked them for details. This is the most apparent view, and Allah (Glorified and Exalted is He) knows best.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.