Q: If a husband gives one talaq over the phone saying “I give you talaq in presence of 2 witnesses” and the wife was in menstruation. Does this talaq take place and what is the time to reconcile as she is far away and her husband is not willing to talk. Some say within 40 days or else the talaq takes place. Is this true? This incident happened on August 7. She cant go back to the country anytime before September 10 or so. Also make dua for this couple that Allah Ta’ala reunite them and keep them with aafyiat. This whole thing happened due to a huge misunderstanding and argument.
1. Yes, though he is sinful for issuing the divorce while his wife is in menses.
2. If he reconciles within 3 monthly menses then they can be reunited without renewing the nikaah.
3. May Allah Ta`ala make it easy for them.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)