Question:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
My husband said that he divorced me 3 times while angry in one sitting and I was menstruating. Is our marriage valid. He intended to give me a 3-fold divorce. He said he divorced me 3 times.
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
A three-fold divorce in one pronouncement counts as a three-fold divorce. (Sharh Sahih Muslim v. 10, p. 1796-99; Tuhfat al-Muhtaj v. 8, p. 83)
Even though it is unlawful to divorce a menstruating woman, it counts. (Sharh Sahih Muslim v. 10, p. 1792)
A divorce is valid when given while angry. (Tuhfat al-Muhtaj v. 8, p. 32) If the husband was angry until he was no longer duty-bound, then the pronouncements were not effectuated. If he claims such, then it is upon him to bring forth proof that establishes that he was in such a state; along the line of an insanity plea. If he fails to bring proof, then the are divorce is effectuated. Sh. Ahdal, in ‘Umdat al-Mufti wa al-Mustafti, cited Hubayshi who voiced this ruling.
After a three-fold divorce, cohabitation as husband and wife, and enjoying any spousal rights, is no longer lawful between them. They must separate, and may only remarry after she marries another man, that marriage is consummated, then that marriage is terminated, and her waiting period expires.
Allah knows best.
Shafiifiqh.com Fatwa Dept.