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Sahih Muslim 1471m (Book 18, Hadith 13) #10801
Divorce During Menses

SUMMARY: Divorce should not be pronounced while the wife is in her menses, as it is foolish and hopeless.

Yunus b. Jubair reported: I said to Ibn'Umar (Allah be pleased with them): A person divorced his wife while she was in the state of menses, whereupon he said: Do you know 'Abdullah b. Umar (Allah be pleased with them), for he divorced his wife in the state of menses'.Umar (Allah be pleased with him) came to Allah's Apostle and asked him, and he (the Holy Prophet) commanded him that he should take her back, and she started her 'Idda. I said to him: When a person divorces his wife, and she is in the state of menses, should that pronouncement of divorce be counted? He said: Why not, was he hopeless or foolish?
وَحَدَّثَنِي يَعْقُوبُ بْنُ إِبْرَاهِيمَ الدَّوْرَقِيُّ، عَنِ ابْنِ عُلَيَّةَ، عَنْ يُونُسَ، عَنْ مُحَمَّدِ بْنِ، سِيرِينَ عَنْ يُونُسَ بْنِ جُبَيْرٍ، قَالَ قُلْتُ لاِبْنِ عُمَرَ رَجُلٌ طَلَّقَ امْرَأَتَهُ وَهْىَ حَائِضٌ فَقَالَ أَتَعْرِفُ عَبْدَ اللَّهِ بْنَ عُمَرَ فَإِنَّهُ طَلَّقَ امْرَأَتَهُ وَهْىَ حَائِضٌ فَأَتَى عُمَرُ النَّبِيَّ فَسَأَلَهُ فَأَمَرَهُ أَنْ يَرْجِعَهَا ثُمَّ تَسْتَقْبِلَ عِدَّتَهَا ‏.‏ قَالَ فَقُلْتُ لَهُ إِذَا طَلَّقَ الرَّجُلُ امْرَأَتَهُ وَهْىَ حَائِضٌ أَتَعْتَدُّ بِتِلْكَ التَّطْلِيقَةِ فَقَالَ فَمَهْ أَوَإِنْ عَجَزَ وَاسْتَحْمَقَ.

TOPICS
divorce  *  pronouncement  *  talaq  *  haidh  *  iqraar  *  menses

QUICK LESSONS:
Seek advice before making decisions regarding marriage or divorce; Take divorce seriously; Make informed decisions with full knowledge of its implications; Respect for religious scholars and their opinions on matters related to marriage and divorce

EXPLANATIONS:
This hadith discusses the issue of divorce during a woman's menses. It is narrated by Yunus b. Jubair who reported from Ibn Umar that he asked Allah's Apostle about divorcing a wife while she was in her menses, to which he replied that it should not be done as it was foolish and hopeless. This hadith teaches us that divorce should not be taken lightly and must only be done when absolutely necessary, as it can have serious consequences for both parties involved. Furthermore, this hadith also emphasizes the importance of seeking advice from religious scholars before making any decisions regarding marriage or divorce so that one can make an informed decision with full knowledge of its implications.

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