What is the ruling on divorcing a menstruating woman?
Machine translationRead the Arabic original
Question:
If a man divorces his wife while she is menstruating, is the divorce valid or not?
Answer:
If he knows this and she knows it, then the correct view is that it does not take effect according to some scholars, and the majority hold that it does take effect, but the most correct view is that it does not take effect, based on the hadith of Ibn 'Umar, if he knows this.
Q: What if he does not know?
A: It takes effect on him, because he did not innovate, he did not intentionally commit an innovation. If he knows, then he intentionally committed an innovation, intentionally committed what is wrong, so it does not take effect. And if he does not know, or if the judge rules on it, then it takes effect. Most judges rule with this, and the most correct view according to the minority is that it does not take effect, and the majority hold that it takes effect, because Ibn 'Umar allowed it for himself.
If a man divorces his wife while she is menstruating, is the divorce valid or not?
Answer:
If he knows this and she knows it, then the correct view is that it does not take effect according to some scholars, and the majority hold that it does take effect, but the most correct view is that it does not take effect, based on the hadith of Ibn 'Umar, if he knows this.
Q: What if he does not know?
A: It takes effect on him, because he did not innovate, he did not intentionally commit an innovation. If he knows, then he intentionally committed an innovation, intentionally committed what is wrong, so it does not take effect. And if he does not know, or if the judge rules on it, then it takes effect. Most judges rule with this, and the most correct view according to the minority is that it does not take effect, and the majority hold that it takes effect, because Ibn 'Umar allowed it for himself.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.