Expert: MuslimHood - 11/10/2009

Question
1)Is divorce applicable when wife heving mensis?
2)is it necessary to do nikkah and give dowery again, after second divorce, or can that couple reunite without that?
3)if a person says talaak thrice in one go, is it considered final divorce after which halala is necessary or just as one divorce?


Answer
Glory to be Allah!

Assalamoalaykum warahmatullahe wabarakatuhu!

1-NO
It says in Fataawa al-Lajnah al-Daa’imah (20/58): There are several kinds of innovated divorce: where a man divorces his wife during her menses or nifaas, or during a time of purity when he has had intercourse with her. The correct view is that this does not count as a divorce.
According to the fatwas of some of the Taabi’een, Ibn ‘Umar (may Allah be pleased with him), Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allah. Allah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah.
Allah says (interpretation of the meaning):
“O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ” [al-Talaaq 65:1]

2- Reunite but before `Iddah
The divorce in which the husband has the right to take the wife back is the first or second divorce, before the ‘iddah ends. Allah says (interpretation of the meaning): “The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness” [al-Baqarah 2:229].

3- Considered as ONE
The correct view is that the thrice-uttered (innovative/bid'3a) divorce counts as one divorce. It was narrated from Ibn ‘Abbaas (may Allah be pleased with him) that he said: At the time of the Messenger of Allah (blessings and peace of Allah be upon him), Abu Bakr and the first two years of ‘Umar’s caliphate, a threefold divorce was counted as one. Narrated by Muslim (1472).  

Important:
If a man divorces his wife for the third time, then she is not permissible for him to marry until she has married another man, because Allah says (interpretation of the meaning): “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband” [al-Baqarah 2:230].

[Fatir 35:6] Indeed Satan is your enemy, therefore you too take him as an enemy; he only calls his group so that they become the people of hell!
[Fatir 35:11] And Allah created you from clay, then a drop of liquid, then made you as couples; and no female conceives or gives birth except with His knowledge; and every aged being that is given the age, and every one whose life is kept short – all this is in a Book; indeed this is easy for Allah.
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And Allah knows best!