When Can a Husband Divorce His Wife after Menses?
Fatwa No: 378127

Question

Aslamu Alaikum,I have a question.When is the iddah period starts (prescribed period for divorce) if one has intercourse with his wife in period of tuhr?Dear sheikh if husband has a sex with his wife and she has not gotten her menstration yet then what is the right time to divorce her according to Quran? Is it after her first menstration which will come after this sexual intercourse and he supposed to not touch sexually his wife OR one has to wait 2 or 3 menstration period after this intercourse and can pronounce the divorce after her second time menstration or 3rd menstruation before sexual activity? Please reply me as soon as possible? I'll be very thankful.Thank you.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The waiting period during which a woman may be divorced, according to the Sunnah, starts with her purity from the menses, provided that her husband had sexual intercourse with her during the period of her purity from menses prior to divorcing her.

If a husband has sexual intercourse with his wife when she becomes pure and then decides to divorce her, then he must wait until she menstruates once and becomes pure (from this menses) or becomes pregnant, and after that he can divorces her if he wishes.

The husband who wants to divorce his wife is not prevented from touching his wife with desire and lust, but if he has sexual intercourse with her, then it becomes forbidden for him to divorce her until she menstruates and then becomes pure.

Allah knows best.

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