What is the ruling if the husband intends that the divorce mentioned with positive attributes, such as 'most just divorce,' should occur during the wife's menstruation?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband states, 'I intended by my saying 'most just divorce' that it should occur during menstruation,' it is accepted, as this implies a severe admonishment fitting the state of menstruation, which is an affirmation against himself involving harshness. The divorce occurs if she is menstruating. This holds true between him and God (Allah).

Supporting text

Whether this intent is accepted in legal judgment is subject to two differing scholarly opinions, as previously established.