18/1. Chapter:

Sahih Muslim 1471h — Divorce When Pure or Pregnant

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 When Pure or Pregnant

Sahih MuslimHadith Number 1471h

وَحَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، وَزُهَيْرُ بْنُ حَرْبٍ، وَابْنُ، نُمَيْرٍ - وَاللَّفْظُ لأَبِي بَكْرٍ - قَالُوا حَدَّثَنَا وَكِيعٌ، عَنْ سُفْيَانَ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ، مَوْلَى آلِ طَلْحَةَ عَنْ سَالِمٍ، عَنِ ابْنِ عُمَرَ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهْىَ حَائِضٌ فَذَكَرَ ذَلِكَ عُمَرُ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ ‏ "‏ مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلاً ‏"‏ ‏.‏

Ibn 'Umar Narrated from:

Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife while she was in the state of menses. 'Umar (Allah be pleased with him) made mention of it to Allah's Apostle (ﷺ) and he said: Command him to take her back, then divorce her when she is pure or she is pregnant.

Reference : Sahih Muslim 1471hIn-book reference : Book 18, Hadith 8USC-MSA web (English) reference : Book 9, Hadith 3479

Summary of Sahih Muslim Hadith 1471h

This hadith about divorce when pure or pregnant gives a shorter form of the Ibn Umar report. Ibn Umar divorced his wife while she was menstruating. Umar mentioned the matter to the Prophet صلى الله عليه وسلم. The Prophet صلى الله عليه وسلم said to command him to take her back, then divorce her when she is pure or pregnant. The narration is brief, so it should be read with attention to its exact wording. It does not list the longer waiting sequence found in other reports here. Its direct lesson is that divorce during menses was corrected by taking her back, and a proper time for divorce was named: purity or pregnancy.

What we learn from this hadith

  • The husband was ordered to take her back after divorcing during menses.
  • The report names purity as a proper time for divorce.
  • The report also mentions pregnancy as a stated condition.
  • The narration is brief and should not be stretched beyond its wording.

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