18/1. Chapter:
Sahih Muslim 1471a — Divorce During Menses
The prohibition of divorcing a menstruating woman without her consent; If a man breaks this rule, it still counts as a divorce, and he should be ordered to take her back
Hadith About Divorce During Menses and Iddah
Sahih Muslim : 1471a
Sahih MuslimHadith Number 1471a
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى التَّمِيمِيُّ، قَالَ قَرَأْتُ عَلَى مَالِكِ بْنِ أَنَسٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهْىَ حَائِضٌ فِي عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنْ ذَلِكَ فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيَتْرُكْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ ثُمَّ تَطْهُرَ ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللَّهُ عَزَّ وَجَلَّ أَنْ يُطَلَّقَ لَهَا النِّسَاءُ" .
Ibn 'Umar Narrated from:
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife while she was menstruating during the lifetime of Allah's Messenger (ﷺ). 'Umar b. Khattib (Allah be pleased with him) asked Allah's Messenger (ﷺ) about it, whereupon Allah's Messenger (ﷺ) said: Command him ('Abdullah b. 'Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting ('Idda) which God, the Exalted and Glorious, has commanded for the divorce of women.
Reference : Sahih Muslim 1471aIn-book reference : Book 18, Hadith 1USC-MSA web (English) reference : Book 9, Hadith 3473
Summary of Sahih Muslim Hadith 1471a
This hadith about divorce during menses reports that Ibn Umar divorced his wife while she was menstruating. Umar asked the Prophet صلى الله عليه وسلم about it. The Prophet صلى الله عليه وسلم told him to take her back, wait until she became pure, then let another menstrual period pass, then wait until she became pure again. After that, if he wished, he could keep her, or divorce her before touching her. The hadith clearly connects divorce with the proper period of waiting, or iddah. Its lesson is not about acting in anger or haste. It shows that divorce has a set time and process that must be respected.
What we learn from this hadith
- Divorce should not be rushed during menstruation.
- The husband was told to take his wife back before deciding again.
- The text connects divorce with the prescribed iddah.
- If divorce is chosen, the report says it should be before intercourse in purity.
