Bleeding outside the Monthly Menses
Fatwa No: 419980

Question

Aslaam u Aliekum,
Dear Sheikh I have a question if wife had a bleeding for 6 days then when this bleeding ended then after 3 days wife and husband had an intercourse. Then after the intercourse and after less then 14 days of the first bleeding that came before intercourse, wife had another bleeding for 6 days. When this second bleeding ended then wife took a shower. Then after taking shower the wife and hasband got into a verbal fight and then the husband said a divorce during this argument. So the question is if the second blood came less then 14 days after the 1st bleeding would this be a bidah talaaq since the blood that came after intercourse is a istihada bleeding because it came less then 14 days after the 1st bleeding.
May u be reward the greatest.
Thank u

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 maximum menstruation period is fifteen days. If the total period of the first and second bleedings and the period of non-bleeding (ritual purity) in between them exceeded fifteen days, then this woman is experiencing Istihaadhah (bleeding outside the monthly menses). If the total period is less than fifteen days, the second bleeding is considered menstruation.

For more benefit on the difference between monthly menses and bleeding outside the monthly menses, please refer to Fataawa 199375, 192925, 183343, 154565, and 145201.

For more benefit on Istihaadhah and irregular menses, please refer to Fataawa 345745, 380429, 362518, and 326818

For more benefit on irregular menses and signs of end of menses, please refer to Fataawa 395488, 361450, 355546,  and 231715.

The period of purity in between the menstrual bleedings is regarded as a valid state of ritual purity.

Anyway, it is considered a Bid‘ah divorce (not in accordance with the Sunnah) because if we considered the second bleeding menstruation, the divorce would have been issued during menstruation. Otherwise, it would have been issued in a state of ritual purity during which the husband had sexual intercourse with his wife, and both of them are considered Bid‘ah divorces, as indicated in Fatwa 367312.

We would like to point out that the spouses should avoid the causes of disputes. In the event of disputes, they should be wise and avoid divorce; it is not the only solution for marital problems.

Allah Knows best.

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