A word on divorce during menstruation.

The Shaykh : In any case, as you know, this is a thorny issue in reality. The fact that the four Imams and the majority of the Muslim community hold that divorce during menstruation takes place makes a person hesitate to contradict them. However, the legal principles compel him to say that it does not take place. But if we see people manipulating the situation, and when they find themselves in a tight spot, they come and claim— the man says, "By Allah, I divorced my wife now three times, but none of them took place." Why, my brother? Describe it to us. He says, "The divorce twenty years ago was during menstruation, the one ten years ago was during a period of purity in which I had intercourse with her, and the one in these days was in extreme anger." What do we say? Do we issue a fatwa for this? No. I issue a fatwa to them that the divorce has taken place. Because if the divorce that occurred twenty years ago had not taken place, and when the waiting period ended another man married her, could he possibly dispute with him and say, "This is my wife"? It is not possible. How can he say today that the divorce did not take place? This is similar to what Shaykh 'Abd Allah ibn 'Abd al-Rahman Ba Batin (may Allah have mercy on him) mentioned: a man divorces three times, then comes and says that one of the witnesses to the marriage contract was not just, but an open sinner. For what purpose? So that the contract is not valid, and if the contract is not valid, the divorce did not take place. ... Do we not accept his testimony? Allahu Akbar, Allahu Akbar.