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Sahih Muslim 1471n (Book 18, Hadith 14) #10802
Divorce During Menses

SUMMARY: Allah's Apostle ﷺ advised Ibn 'Umar to take back his wife and divorce her when she is pure, if he wishes.

Ibn 'Umar (Allah be pleased with them) reported: I divorced my wife while she was in the state of menses'.Umar (Allah he pleased wish him) came to Allah's Apostle and made mention of that to him, whereupon Allah's Apostle told that be should take her back, and when she is pure he may divorce her. if he would so wish. I (one of the narrators) said to Ibn 'Umar (Allah be pleased with them): Did you count (this pronouncement of divorce) in her case? He said: What (after all) prevents him from doing so? Do you find him (Ibn Umar) either helpless or foolish?
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، وَابْنُ، بَشَّارٍ قَالَ ابْنُ الْمُثَنَّى حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ، حَدَّثَنَا شُعْبَةُ، عَنْ قَتَادَةَ، قَالَ سَمِعْتُ يُونُسَ بْنَ جُبَيْرٍ، قَالَ سَمِعْتُ ابْنَ عُمَرَ، يَقُولُ طَلَّقْتُ امْرَأَتِي وَهْىَ حَائِضٌ فَأَتَى عُمَرُ النَّبِيَّ فَذَكَرَ ذَلِكَ لَهُ فَقَالَ النَّبِيُّ ‏ "‏ لِيُرَاجِعْهَا ‏.‏ فَإِذَا طَهَرَتْ فَإِنْ شَاءَ فَلْيُطَلِّقْهَا ‏"‏ ‏.‏ قَالَ فَقُلْتُ لاِبْنِ عُمَرَ أَفَاحْتَسَبْتَ بِهَا قَالَ مَا يَمْنَعُهُ ‏.‏ أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَقَ.

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

QUICK LESSONS:
Follow Islamic Law, Seek Advice from Prophet Muhammad (ﷺ) , Be Patient
EXPLANATIONS:
This hadith speaks about the issue of divorce during menses. It is narrated by Ibn 'Umar that he divorced his wife while she was in the state of menses. Umar then went to Allah's Apostle and mentioned this to him, upon which Allah's Apostle told him that he should take her back, and when she is pure he may divorce her if he would so wish. The hadith teaches us that it is not permissible for a husband to pronounce a divorce on his wife while she is in the state of mense or menstruation as it will be considered invalid according to Islamic law. This hadith also teaches us about patience as Umar was advised by Prophet Muhammad ﷺto wait until his wife was purified before pronouncing a valid divorce on her.

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