Divorce Probably Happened When She Was in Menses
Fatwa No: 428833


Sheikh I want to ask I had bleeding which ended on the 2nd of the March. When this bleeding ended, then after 2 days we had intercourse. Then after this intercourse, I had again second bleeding in March. Then next month before any other bleeding, I had a talaq incident on the 3rd of the April. Would the talaq count a bidah talaq even if I do not remember or I do not know that after how many days I had the second blood after the first blood ended but the 2nd blood came and ended in the same month of March? Sometimes I think the 2nd blood came after less than 15 days and sometimes I think it came after more than 15 days?


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 minimum period of purity between the two menses is thirteen days according to the Hanbali jurists and fifteen days according to the view of the majority of the scholars.

If something is possible to happen at one of two times, it is attributed to the second time as per the rule.

Therefore, if you doubted whether you saw menstruation after or before that period has passed, the basic principle is that you saw it after it has passed, and so, your divorce will be a Sunni divorce,

If we assume that it is a Bid’i (innovative) divorce [i.e. a divorce that is not in conformity with the Sunnah], it also takes effect according to the view of the majority of the scholars, and this is the view we adopt here in Islamweb.

For more benefit on the minimum period of purity between two menses, and maximum period of purity, please refer to Fataawa 98693, 129256, 129266, 156775, and 326818.

Also, for more benefit on how to differentiate between menses and Istihaadhah, please refer to Fataawa 192925, 399406, and 399214.

Likewise, for more benefit on Istihaadhah and irregular menses, you may refer to Fataawa 345745, 380429, 362518, 145201 and 156775.

Allah knows best.

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