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Is the talaq valid if said while wife was in mensural cycle?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
mufti sahib.. asalam o alikum. i am married in 2009 and have a son of 5 months . my wife and my family members are having hot exchanges and i am not in a position to manage them all. last nignt they had a very immense hot exchange with each other and suddenly i was involved in it and i was very upset and in imense anger with my wife and i said tallaq thrice in one sitting to my wife. she was in mensural cycle too at that time . is that talaq is valid and if yes what is the process to remarriage with her.

Answer

(Fatwa: 1887/1506/B=1431)

By giving three talaqs in single meeting, three talaqs take place as well. It is mentioned in a Sahih hadith that a companion gave three talaqs in single meeting in the presence of the holy Prophet Muhammad (صلى الله عليه وسلم) and the holy Prophet enforced all the three. The words of hadith are as follows:
فطلقها ثلاث تطليقات عند رسول الله صلى الله عليه وسلم فانفذه رسول الله صلى الله عليه وسلم و كان ما صنع عند النبي صلى الله عليه وسلم سنت . (ابوداؤد ، ج:1/ص:307)
Now you can take her back in your nikah only after a valid halalah. It is not lawful to take her back without a valid halalah.

The answer is correct. The menstruation period, in which the husband has given talaq, shall not be calculated in the iddah period, rathe the iddah period shall be counted from the next menstruation period. (M)

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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