What are the conditions for talaq to be valid?

Question

Until today I thought that one major issue for talaq being valid is that the husband shouldn't have lost his mind or be angry enough to not really be aware of what he is doing, beside other conditions that don't seem to be related to my actual issue ...

While reading this fatwa on islamqa #256423 which says:

If a man divorces his wife during a period of purity in which he has had intercourse with her, this is an innovated divorce (talaaq bid‘i) and is haraam. The Sunnah way of divorce means issuing one divorce (talaaq) during a period of purity in which he has not had intercourse with her, because Allah, may He be exalted, says (interpretation of the meaning): ...

I was wondering if i missed something or needed to rectify a former misunderstanding/misinterpretation.

My questions about the fatwa are:

• What does "period of purity" exactly mean in this context?
• And does the fatwa mean that if husband and wife had intercourse for example last week or 2 weeks ago and the wife is not (yet) in her menses and they would have an argument which ends by the husband saying the words of "talaq", the talaq is invalid?

Of course it would be nice to have an answer for the title Question as a kind of overview with quick notes. Views of different sects are welcome!

Answer 1

Although I never heard about that condition and I don't know if the fatwa is correct or wrong, but according to my understanding to the fatwa, the man says there is only one condition that the talaq Is valid in it, and that is if the talaq happens during a period of purity in which he has not had intercourse with her.

else ? The "talaq" is invalid.

The man has confirmed that condition again when he said that :

Fataawa al-Lajnah ad-Daa’imah (20/58) The innovated divorce (talaaq bid‘i) is of several types, such as when the husband divorces his wife during her menses, or nifaas (postpartum bleeding), or during a period of purity in which he has had intercourse with her. The correct view is that this does not count as a divorce. End quote.

Which means if the talaq happens during any other time including (menses, period of purity which has had intercourse with her) it will be invalid.

So yes, the answer to your second question

And does the fatwa mean that if husband and wife had intercourse for example last week or 2 weeks ago and the wife is not (yet) in her menses and they would have an argument which ends by the husband saying the words of "talaq", the talaq is invalid?

Is yes, the "talaq" is invalid !!

And regarding your first question the "period of purity" means in this context as it means in any other context: "every time except the time of Menses" or "the period between 2 menses excluding the time of menses themselves"

Also googling the Fatwa 20/58 of Permanent Committee for Islamic Research and Issuing Fatwas might get some useful information regarding the topic.

If you want to code the condition of the divorce According to this Fatwa it will be

if($notInMenses && $noIntercourseSinceLastMensesEnd ){
    // the Talaq is valid
}else{
    //the Talaq is invalid
}

Please be very careful when it comes to the divorce questions, because one mistake and the consequences would be very dire

Answer 2

There is an entire chapter in the Glorious Quran which details out the matter:

Surah At-Talaq https://quran.com/65

There are a lot of details in this chapter that I wont go into but I would like to focus on some important points which affect the Ummah as a whole

First of all, divorce is severely detested in Islam and should be done only as the last resort. One should try everything to save the marriage like appointing arbitrators as described in this verse:

[Quran 4:35] If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, God will help them get together. God is Omniscient, Cognizant.

If the couple decide to go for divorce then there is a cooling off period during which they can reconcile and keep their marriage. Again emphasis is on keeping the marriage.

[Quran 2:226-227] Those who intend to divorce their wives shall wait four months (cooling off); if they change their minds and reconcile, then God is Forgiver, Merciful. If they go through with the divorce, then God is Hearer, Knower.

For the last resort, two witnesses are needed

[Quran 65:2] Once the interim is fulfilled, you may reconcile with them equitably, or go through with the separation equitably. You shall have two equitable witnesses witness the divorce before God. This is to enlighten those who believe in God and the Last Day. Anyone who reverences God, He will create an exit for him.

For more details go through the chapter with expert commentary to understand in depth.

Lastly regarding your question about the Fatwa, "period of purity" means the duration between two menses.

And Allah SWT knows best!