68/2. Chapter:
Sahih Bukhari 5252 — Is Divorce During Menses Counted?
Divorce during the menses is counted as one legal divorce.
Hadith on Divorce During Menses: Is It Counted as One Divorce?
Sahih Bukhari : 5252
Sahih BukhariHadith Number 5252
حَدَّثَنَا سُلَيْمَانُ بْنُ حَرْبٍ، حَدَّثَنَا شُعْبَةُ، عَنْ أَنَسِ بْنِ سِيرِينَ، قَالَ سَمِعْتُ ابْنَ عُمَرَ، قَالَ طَلَّقَ ابْنُ عُمَرَ امْرَأَتَهُ وَهْىَ حَائِضٌ، فَذَكَرَ عُمَرُ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ " لِيُرَاجِعْهَا ". قُلْتُ تُحْتَسَبُ قَالَ " فَمَهْ ". وَعَنْ قَتَادَةَ عَنْ يُونُسَ بْنِ جُبَيْرٍ عَنِ ابْنِ عُمَرَ قَالَ " مُرْهُ فَلْيُرَاجِعْهَا ". قُلْتُ تُحْتَسَبُ قَالَ أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَقَ.
Anas bin Seereen Narrated from:
Ibn `Umar said: "I divorced my wife while she was menstruating. `Umar mentioned that to the Prophet. The Prophet (ﷺ) said, (to my father), "Let your son take her back." I asked (Ibn `Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn `Umar said, "Of course." Narrated Yunus bin Jubair: Ibn `Umar said, "The Prophet (ﷺ) said to `Umar, 'Order him (Ibn `Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn `Umar said, "What do you think if someone becomes helpless and foolish?"
[1] If, out of foolishness somebody divorces his wife while she is menstruating, the divorce is valid. ( Fath Al-Bari ).Reference : Sahih al-Bukhari 5252In-book reference : Book 68, Hadith 2USC-MSA web (English) reference : Vol. 7, Book 63, Hadith 179
Summary of Sahih Bukhari Hadith 5252
This hadith on divorce during menses focuses on whether that divorce counted. Ibn Umar said he divorced his wife while she was menstruating, and Umar mentioned it to the Prophet (صلى الله عليه وسلم). The Prophet told Umar, "Let your son take her back." Anas bin Seereen then asked Ibn Umar if that divorce was counted as one legal divorce. Ibn Umar answered that it was. Another wording from Yunus bin Jubair gives the same point: Ibn Umar was ordered to take her back, and when asked whether it counted, he responded in a way that shows it was counted. The text teaches both correction and accountability. The act was not ignored just because it was done wrongly.
What we learn from this hadith
- Ibn Umar was told to take his wife back after divorcing during menses.
- The divorce was counted as one legal divorce in this narration.
- A wrong timing still carried legal consequence in Ibn Umar's answer.
- Questions about divorce should be taken seriously.
