Talaaq counts even during menses.

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Bismihi Ta`ala

It has been wrongly believed that if a husband gives Talaaq to his wife during her menses, then the talaaq will not count. This wrong concept is against the Qur-aan and Sunnah.

The Qur-aan does not except Menses from occurrence of Talaaq. The Qur-aan describes that in any condition, Talaaq will count. Referring to the ayahs of Surah Baqarah:وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ

‘‘Divorced women shall keep themselves waiting for 3 periods…’’(2:227)

The Qur-aan clearly state that 3 periods should be observed. Some Fuqaha like imaam Abu Hanifah r.a. took the opinion of Hazrat Ali and Ibn Mas`ood and treated it as 3 menses. Others like Imaam Malik and Shafi`ee took the other opinion of Sahabahs as periods of purity of ladies. But all of them treat Talaaq during Haiz or Menses as a valid Talaaq.

Furthermore, it is reported from the Sunnah that the beloved prophet SAW did treat a Talaaq given during Menses as valid and applied its consequence:عَنْ نَافِعٍ عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا
أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ ذَلِكَ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لِيُمْسِكْهَا

Ibn Umar r.a. gave Talaaq to his wife during her menses during the lifetime of Rasouloullah SAW. So Hazrat Umar r.a. asked the beloved prophet SAW about it. The beloved prophet SAW told him: Tell Ibn Umar to retake his wife in his nikah…’’(Bukhari) The fact that the beloved prophet SAW told Ibn Umar to RETAKE his wife means that the beloved prophet SAW did treat the wife as already in iddah and divorced.

Hence the Talaaq during Menses is counted as any normal Talaaq. The Iddah of the women will be counted as 3 full menses. And she will not count the mense in which she received Talaaq in that counting. That is 3 coming menses will be her iddah and when she bathed from the 3rd mense, she will be out of iddah. One should know that Talaaq during Menses is disliked. Should one decide to give Talaaq, then he should set a meeting with religious personalities before he proceeds. Counselling, physical distance, etc should be observed. After that, if still convinced of his intention, then the recommended procedure is to give her ONE talaaq RAJI¬EE or BA-IN during a purity that he did not cohabit with her.

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