Talaq During Menstruation

Question

Here a man has now been married for nearly two years; a child has also been born, and they were living peacefully. One day Zayd’s wife, being ill, was crying. Zayd asked his wife the reason for her crying; the wife gave no reason, so Zayd began to beat her, and in that state of anger he pronounced talaq verbally three times. And Zayd’s wife was at that time in the state of menstruation (hayd). Now Zayd wants to take this wife back.

Answer

After three talaqs he has no right to keep her without halala. That is, after this talaq, having passed the ‘idda of three full menstrual periods, she must be married (nikah) to another man, and if after consummation he dies or pronounces talaq, then upon the completion of her ‘idda she can be married again to Zayd, who gave these three talaqs; before that there is no way.

Source: Fatawa Mahmudiyya

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