🚪 Divorce, ʿiddah & rujuk · #25
My husband divorced me while I was menstruating. Is that valid?
Talaq during menstruation is an innovated (bid'i) talaq and sinful, but according to the four schools it still takes effect.
Ibn Umar divorced his wife during menstruation; the Prophet ﷺ was angry and told him to take her back, then wait until she was pure. The majority understood that command to take her back as proof that the talaq had been counted.
A husband who does this must repent and is encouraged to take her back if the talaq is revocable (raj'i). The ʿiddah is counted from the end of that menstruation (in the Shafi'i school, the menstruation during which the talaq occurred is not counted). Report it to the Syariah Court for confirmation. See talaq & divorce.
Ibn Umar divorced his wife during menstruation; the Prophet ﷺ was angry and told him to take her back, then wait until she was pure. The majority understood that command to take her back as proof that the talaq had been counted.
A husband who does this must repent and is encouraged to take her back if the talaq is revocable (raj'i). The ʿiddah is counted from the end of that menstruation (in the Shafi'i school, the menstruation during which the talaq occurred is not counted). Report it to the Syariah Court for confirmation. See talaq & divorce.
Differences between the schools. The four schools: it takes effect. Ibn Taymiyyah, Ibn al-Qayyim and Ibn Hazm: it does not.
Sources
Surah at-Talaq 65:1Sahih al-Bukhari 5251Sahih Muslim, Kitab at-Talaq