Fatwa ID: 04841

Answered by: Mufti Mohammed Tosir Miah

Question

Should the person who wants to divorce his wife wait for her to finish her menses or wait until she purifies herself (i.e ghusl) before pronouncing talaq?

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

Answer

Talaq is of three kinds.

1. Talaq Ahsan is to give one Talaq in the period of purity in which no intercourse took place. He then leaves it until the expiry of the period of iddah.
2. Talaq Hasan, also known as Talaq Sunnah, stands for the Talaq given to the wife with whom sexual intercourse has not taken place or the three Talaq is given to the wife with whom sexual intercourse took place in three periods of her purity provided he has not done the intercourse in these three periods of her purity. This category can also stand for giving three Talaqs in three months to the woman who does not have “menses” for example a girl below the age of puberty or the pregnant woman or the woman who has ceased `menses.
3. Talaq Bida is to give Talaq twice or thrice in one period of purity (either repeating the word Talaq on three or two occasions or all three, on one occasion. (Hidayah p.354 – p.355 v.2)

The answer to your question depends on when the wife finished her menses. If the bleeding ceased after ten days (which is the maximum duration) then one can give his wife divorced even though she has not performed her ritual ghusl. If however, the bleeding ceases in less than ten days the divorce should not be given unless:

1. She performs a ritual bath.
2. If she is unable to perform a bath then she is to perform tayammum and pray even if it is a voluntary prayer.
3. A prayer becomes due upon her. This occurs when the blood stops with her regular periods and she has sufficient time to perform the ritual bath and begin the prayer by saying Allahu Akbar, instead she does not perform the bath and nor the tayammum until the time of that prayer finishes. (Nurul Idah p.80, Mukhtasar Quduuri p.149 & Musanaf Ibn Abi Shaibah p.164 v.4)

However, if divorce is given in the aforementioned scenario before she could have a ritual bath, it will be considered valid.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham