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The question

What is the ruling on divorcing a woman while she is menstruating, knowing that this is the third divorce? Can the husband take her back against her will, or does the divorce not occur in the first place as long as she is in her menstrual period?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorcing a menstruating woman is a forbidden, bid‘i (innovated) divorce. The majority of scholars hold the view that it is effective, and this is the preponderant opinion. If this divorce completes the three divorces, then the wife is irrevocably divorced and is not permissible for him until she marries another husband. However, Shaykh al-Islam Ibn Taymiyyah held the view that divorcing a menstruating woman is not effective, and thus the wife remains under her husband’s marital bond.

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Ftawy
Original fatwa ID
125863
Imported
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