Talaaq and retraction in state of Haidh

Question ID: 
2232
sha***@yahoo.com asks:

Question

Assalamu alaikum.

I need a ruling regarding talaq according to Hanafi fiqh.

My husband and I had intercourse on 20 August 2026. My period started on 27 August 2026. On 28 August, while I was menstruating, my husband said to me: “I am giving you your first talaq.”

Later on 28 August, after he pronounced the talaq, we had intercourse again.

Could you please clarify:

1. Does the talaq count even though I was menstruating?
2. Since it was the first talaq, was it a revocable talaq?
3. Did the intercourse on 28 August after the talaq constitute rujūʿ (taking me back) according to Hanafi fiqh?
4. Are we currently considered married, or is any further procedure required?

Jazakumullahu khairan.

Answer

وعلیکم السلام ورحمة الله وبركاته

1. Yes, the talaq took place even in menstruation.

2. Since your husband used clear word of divorce, it is a revocable talaq.

3. Although it is harām to engage in sexual intercourse during menstruation, such intercourse nevertheless constitutes rujūʿ (taking you back in his nikah) according to Hanafi fiqh.

4. Yes, you are currently considered married. No further procedure is required.

وإذا طلق الرجل امرأته في حالة الحيض وقع الطلاق " لأن النهي عنه لمعنى في غيره وهو ما ذكرناه فلا ينعدم مشروعيته (الهداية)

Answered by:
(Mf) Abdul Haadi
For the Jamiatul Ulama of Mauritius