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Unknowingly issued talaaq during haydh

Fatwaa ID: 1114

Question:
As salamu alaikum wa rahmatullahi wa Barakathu. Respected Mufti Saheb. If a man and woman are separated and the wife demands Talaaq e Baain,without the husband knowing that she’s menstruating ,and he issues Talaaq,would the husband be sinful in this scenario, although the Talaaq is valid?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

At the outset, it is impermissible to issue talaaq to a woman while she is on her haydh. The talaaq will however be valid and binding. If the husband was not aware that the wife was on haydh and he issued her a talaaq, then he will not sinful. Notwithstanding this, he should make istighfaar.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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