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Validity of Third Talaq During Wife’s Menses: Can Husband Take Her Back?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If one has given his wife the third talaq while she is in her menses is it still valid or can he take her back?

Bismillaah

A: The talaaq issued in the state of haidh is valid. Hence if one had issued the third talaaq in the state of haidh, then since all three talaaqs have been issued, the nikaah has terminated and it will not be permissible for the husband to take his wife back in his nikaah.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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