Divorce during Menstruation

Question

If a woman is divorced in her menses, will the divorce occur?

Answer

بسم الله الرحمن الرحیم

The divorce will occur. This is the view of the four schools of thought and is a view shared by Imam Bukhārī (d. 256/870) in his Ṣaḥīḥ (5252).

The famous companion, ʿAbd Allah ibn ʿUmar (d. 73/693) (may Allah be pleased with him) once divorced his wife whilst she was in menses and the divorce was considered to have occurred (Ṣaḥīḥ al-Bukhārī, 5253).

Allah knows best

Yusuf Shabbir

17 Rabīʿ al-Awwal 1427 / 15 April 2006

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