Does what the husband said constitute a divorce: "You are divorced, divorced, divorced by three, and I add to that, you are divorced, divorced, divorced, that makes six," then "I consider you divorced," while the wife is menstruating, and is it permissible for her to remain with him in the same house and for him to have intercourse with her?
If the husband utters the triple divorce, being fully aware of what he is saying, then three divorces have occurred. The fact that the wife is menstruating does not prevent the divorce from taking effect according to the majority of scholars. Thus, the wife has become irrevocably divorced (baynunah kubra), and she is not lawful for him until she marries another husband, he consummates the marriage with her, and then he separates from her. She must not allow her husband to be intimate with her or cohabit with him. If she is forced to live with him, it should be without seclusion, and she must ensure that temptation is avoided. There is a difference of opinion on this issue, as some scholars do not validate a divorce pronounced during menstruation, in which case the marital bond remains. It is advisable to refer to a Sharia court or present the matter to a trustworthy scholar.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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