18/1. Chapter:
Sahih Muslim 1471n — Taking Her Back When She Is Pure
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 Taking Her Back Until Purity
Sahih Muslim : 1471n
Sahih MuslimHadith Number 1471n
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 صلى الله عليه وسلم فَذَكَرَ ذَلِكَ لَهُ فَقَالَ النَّبِيُّ صلى الله عليه وسلم " لِيُرَاجِعْهَا . فَإِذَا طَهَرَتْ فَإِنْ شَاءَ فَلْيُطَلِّقْهَا " . قَالَ فَقُلْتُ لاِبْنِ عُمَرَ أَفَاحْتَسَبْتَ بِهَا قَالَ مَا يَمْنَعُهُ . أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَقَ.
Ibn 'Umar Narrated from:
I divorced my wife while she was in the state of menses. 'Umar (Allah he pleased wish him) came to Allah's Apostle (ﷺ) and made mention of that to him, whereupon Allah's Apostle (ﷺ) 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?
[1] Meaning, her 'Iddah starts when he divorces her while she is not menstruating.Reference : Sahih Muslim 1471nIn-book reference : Book 18, Hadith 14USC-MSA web (English) reference : Book 9, Hadith 3485
Summary of Sahih Muslim Hadith 1471n
This hadith about taking her back until purity repeats the main Ibn Umar case in a shorter form. Ibn Umar divorced his wife while she was menstruating. Umar came to the Prophet صلى الله عليه وسلم and mentioned it. The Prophet صلى الله عليه وسلم told that he should take her back, and when she became pure, he could divorce her if he wished. The narrator then asked Ibn Umar if he counted that pronouncement. Ibn Umar answered that there was nothing preventing it from being counted. For readers searching for Sahih Muslim 1471n explanation, the main lesson is clear: the action had to be corrected, but the divorce word was still treated seriously.
What we learn from this hadith
- The husband was told to take his wife back.
- The later choice of divorce was linked to her purity.
- The divorce pronouncement was counted according to Ibn Umar's answer.
- The report treats divorce words as serious, even when timing was wrong.
