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The question

Does divorce take place if it occurs during a period of purity in which the husband had intercourse with his wife?

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

The majority of scholars — and this is the issued — are of the opinion that divorce pronounced during menstruation or during a period of purity in which intercourse occurred is valid despite its prohibition. However, Sheikh al-Islam Ibn Taymiyyah held the view that such a divorce is an innovated (bid'i) divorce and does not take effect. Accordingly, the wife has become irrevocably separated from her husband with the three divorces, and there is no way for him to return to her unless she marries another man willingly, and then the new husband divorces her after consummation or dies, and her waiting period expires.

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Ftawy
Original fatwa ID
135694
Imported
Translation status
Source text, unreviewed
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