18/1. Chapter:
Sahih Muslim 1471c — Counting 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 Counting Divorce During Menses
Sahih Muslim : 1471c
Sahih MuslimHadith Number 1471c
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ نُمَيْرٍ، حَدَّثَنَا أَبِي، حَدَّثَنَا عُبَيْدُ اللَّهِ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، قَالَ طَلَّقْتُ امْرَأَتِي عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَهْىَ حَائِضٌ فَذَكَرَ ذَلِكَ عُمَرُ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ " مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيَدَعْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ حَيْضَةً أُخْرَى فَإِذَا طَهُرَتْ فَلْيُطَلِّقْهَا قَبْلَ أَنْ يُجَامِعَهَا أَوْ يُمْسِكْهَا فَإِنَّهَا الْعِدَّةُ الَّتِي أَمَرَ اللَّهُ أَنْ يُطَلَّقَ لَهَا النِّسَاءُ " . قَالَ عُبَيْدُ اللَّهِ قُلْتُ لِنَافِعٍ مَا صَنَعَتِ التَّطْلِيقَةُ قَالَ وَاحِدَةٌ اعْتَدَّ بِهَا .
Ibn 'Umar Narrated from:
I divorced my wife during the lifetime of Allah's Messenger (ﷺ) when she was in the state of menses. 'Umar (Allah be pleased with him) made a mention of it to Allah's Messenger (ﷺ), whereupon he said: Command him to take her back and leave her (in that state) until she is purified. Then (let her) enter the period of second menses, and when she is purified, then divorce her (finally) before having a sexual intercourse with her, or retain her (finally). That is the 'Idda (the prescribed period) which Allah commanded (to be kept in view) while divorcing the women.'Ubaidullah reported: I said to Nafi': What became of that divorce (pronounced within 'Idda)? He said: It was as one which she counted.
Reference : Sahih Muslim 1471cIn-book reference : Book 18, Hadith 3USC-MSA web (English) reference : Book 9, Hadith 3475
Summary of Sahih Muslim Hadith 1471c
This hadith about counting divorce during menses repeats the case of Ibn Umar. He divorced his wife while she was in menses, and Umar mentioned it to the Prophet صلى الله عليه وسلم. The Prophet صلى الله عليه وسلم told him to take her back, wait until she became pure, let another menses pass, then divorce her before intercourse or retain her. The narration ends with a clear question to Nafi: what happened to that divorce? He answered that it was counted as one. This makes the report important for searches about Sahih Muslim 1471c explanation, because it includes both the timing of divorce and the counting of that pronouncement.
What we learn from this hadith
- The report says the husband was ordered to take his wife back.
- Divorce is tied to purity and the start of iddah.
- The narration states that the pronouncement was counted as one.
- The choice after waiting was either to divorce properly or retain her.
