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Talaaq during menstruation

Question and Answer:

Q. My Husband gave me three Talaaqs when I was in my menses. Is it valid?

(Query published as received)

A. Based on the information you have provided, all three Talaaqs are valid and effective and the marriage between you and your husband has irretrievably terminated. Consequently, both of you are Haraam upon each other and it is not permissible to reconcile even by renewing the Nikah.

Although it is incorrect for the husband to issue Talaaq whilst you are menstruating, the Talaaq will – nevertheless – be valid and effective. It is recorded in the Hadith that Sayyiduna Abdullah bin Umar (Radiyallahu Anhu) gave his wife one divorce whilst she was menstruating. He then came to Rasulullah (Sallallahu Alaihi Wasallam) to ask him the ruling. Rasulullah (Sallallahu Alaihi Wasallam) instructed him to revoke the Talaaq and to take her back into his Nikah. He (The Prophet Sallallahu Alaihi Wasallam) added: “when she becomes clean, then you can divorce her if you want or you can keep her in your Nikah”.

Abdullah bin Umar then enquired: “O Prophet of Allah, what if I had given her three Talaaqs?, would it be permissible for me to take her back into my Nikah?” Rasulullah (Sallallahu Alaihi Wasallam) replied: “No, she would have been completely divorced from you (i.e; you would not be able to marry her again) and you would have been sinful”. (Daraqutni, Hadith #: 3974)

From the above Hadith, the following rulings are established:

a) Talaaq issued in menstruation is valid and effective. Had it not been valid, Rasulullah (Sallallahu Alaihi Wasallam) would have not instructed Sayyiduna Abdullah bin Umar to revoke the Talaaq.

b) If a man issues his wife three Talaaqs, be it on one and the same occasion or in different intervals, all three Talaaqs will be valid and effective. Consequently, both husband and wife become Haraam for each other and it is not permissible for them to reconcile.

And Allah Knows Best

Mufti Suhail Tarmahomed

Confirmation:

Mufti Ebrahim Desai

Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians

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