If a woman is divorced in her menses, will the divorce occur?
Answer:
بسم الله الرحمن الرحیم
The divorce will occur. This is the view of the four schools of thought and is a view shared by Imam Bukhārī (d. 256/870) in his Ṣaḥīḥ (5252).
The famous companion, ʿAbd Allah ibn ʿUmar (d. 73/693) (may Allah be pleased with him) once divorced his wife whilst she was in menses and the divorce was considered to have occurred (Ṣaḥīḥ al-Bukhārī, 5253).
Allah knows best
Yusuf Shabbir
17 Rabīʿ al-Awwal 1427 / 15 April 2006
For a related question and answer, click here.