Is divorce valid while the woman is menstruating?
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Question:
The questioner says, “O honorable Shaykh: I request a fatwa from you regarding the divorce of a woman while she is menstruating. Is the divorce valid while the woman is menstruating? May Allah reward you.”
Answer:
There is scholarly disagreement on this issue. The majority of scholars hold that the divorce is valid during menstruation; this is the position of the majority of scholars. Some scholars hold that it is not valid if the husband knows that she is menstruating. If he divorces her while she is menstruating, he has committed a sin, and the divorce is not valid if he knew. However, if he did not know until after divorcing her, the divorce is valid if he was unaware.
If he knew that she was menstruating before he divorced her, and then he proceeded to divorce her, the correct view is that the divorce is not valid. He must repent because it is not permissible. However, if he did not know her state and divorced her, and then she informed him that she was menstruating, the divorce is valid. His divorce is valid if he was unaware. Yes.
The presenter: May Allah reward you.
The questioner says, “O honorable Shaykh: I request a fatwa from you regarding the divorce of a woman while she is menstruating. Is the divorce valid while the woman is menstruating? May Allah reward you.”
Answer:
There is scholarly disagreement on this issue. The majority of scholars hold that the divorce is valid during menstruation; this is the position of the majority of scholars. Some scholars hold that it is not valid if the husband knows that she is menstruating. If he divorces her while she is menstruating, he has committed a sin, and the divorce is not valid if he knew. However, if he did not know until after divorcing her, the divorce is valid if he was unaware.
If he knew that she was menstruating before he divorced her, and then he proceeded to divorce her, the correct view is that the divorce is not valid. He must repent because it is not permissible. However, if he did not know her state and divorced her, and then she informed him that she was menstruating, the divorce is valid. His divorce is valid if he was unaware. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.