Fatwa ID: 08386

Written by Alimah Aisha Qureshi

Question:

If a man says Talaq 3 times whilst his wife is not pure (post birth) does this still count? Currently 38 days post birth but still unclean.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Talaq (divorce) is valid and effective regardless of whether the wife is pure or in her Nifas (postnatal bleeding). Though it’s disliked (makruh tahrimi) to issue a talaq during such a state (just like during menstruation), it still counts.

If a man pronounces:

“I divorce you; I divorce you; I divorce you,”
in one sitting, intentionally and with clarity, it counts as three separate talaqs, resulting in a final and irrevocable divorce (talaq ba’in mughalazah).

This means: She is no longer lawful for him unless she marries another man, consummates that marriage, and then is divorced from him (the rule of halalah). While issuing divorce during Nifas or menstruation is considered sinful or against the Sunnah, it does not invalidate the divorce.

Reference:

وَالنِّفَاسُ كَالْحَيْضِ جَوْهَرَةٌ.

(قَالَ لِمَوْطُوءَةٍ وَهِيَ) حَالَ كَوْنِهَا مِمَّنْ تَحِيضُ (أَنْتِ طَالِقٌ ثَلَاثًا) أَوْ ثِنْتَيْنِ (لِلسُّنَّةِ وَقَعَ عِنْدَ كُلِّ طُهْرٍ طَلْقَةٌ)

Radd al Muhtar Vol 3 Pg 234 Maktaba Shamila

Only Allah knows best.

Written by Alimah Aisha Qureshi

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham