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The question

Does divorce occur if one says to his wife, "You are divorced" while she is menstruating or in a state of anger, knowing that intercourse took place after uttering the word? And how many divorces remain in this case?

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

If the husband says to his wife: "You are divorced," then the divorce takes effect. The occurrence of divorce during menstruation, even if it is an innovated divorce ( Bid'i ), still takes effect. Anger does not prevent the occurrence of divorce unless the person is unaware of what he is saying.

If the husband pronounces divorce while being aware of what he is saying, then the divorce has taken place, and if they were two divorces, he has one divorce remaining. Divorce is not the only solution to marital problems; therefore, both spouses should exercise deliberation, rationality, and understanding.

If a man has sexual intercourse with his wife after a divorce, this is considered a valid revocation ( Raj'ah ) by some scholars.

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Ftawy
Original fatwa ID
177334
Imported
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Source text, unreviewed
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