18/1. Chapter:
Sahih Muslim 1471o — Divorcing in Purity After Taking Her Back
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 Divorcing in Purity After Menses
Sahih Muslim : 1471o
Sahih MuslimHadith Number 1471o
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، أَخْبَرَنَا خَالِدُ بْنُ عَبْدِ اللَّهِ، عَنْ عَبْدِ الْمَلِكِ، عَنْ أَنَسِ بْنِ، سِيرِينَ قَالَ سَأَلْتُ ابْنَ عُمَرَ عَنِ امْرَأَتِهِ الَّتِي، طَلَّقَ فَقَالَ طَلَّقْتُهَا وَهْىَ حَائِضٌ فَذُكِرَ ذَلِكَ لِعُمَرَ فَذَكَرَهُ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ " مُرْهُ فَلْيُرَاجِعْهَا فَإِذَا طَهَرَتْ فَلْيُطَلِّقْهَا لِطُهْرِهَا " . قَالَ فَرَاجَعْتُهَا ثُمَّ طَلَّقْتُهَا لِطُهْرِهَا . قُلْتُ فَاعْتَدَدْتَ بِتِلْكَ التَّطْلِيقَةِ الَّتِي طَلَّقْتَ وَهْىَ حَائِضٌ قَالَ مَا لِيَ لاَ أَعْتَدُّ بِهَا وَإِنْ كُنْتُ عَجَزْتُ وَاسْتَحْمَقْتُ .
Anas b. Sirin Narrated from:
I asked Ibn 'Umar (Allah be pleased with them) about the woman whom he had divorced. He said: I divorced her while she was in the state of menses. It was mentioned to 'Umar (Allah be pleased with him) and he then made a mention of that to Allah's Apostle (ﷺ), whereupon he said: Command him to take her back and when the period of menses is over, then (he may divorce her in the state of her purity. He (Ibn Umar) said: So I took her back, then divorced her in her purity. I (the narrator) said: Did you count that divorce which you pronounced in the state of menses? He said: Why should I not have counted that? Was I helpless or foolish?
Reference : Sahih Muslim 1471oIn-book reference : Book 18, Hadith 15USC-MSA web (English) reference : Book 9, Hadith 3486
Summary of Sahih Muslim Hadith 1471o
This hadith about divorcing in purity after menses gives a fuller personal answer from Ibn Umar. Anas b. Sirin asked him about the woman he had divorced. Ibn Umar said he divorced her while she was menstruating. The matter was mentioned to Umar, who then mentioned it to the Prophet صلى الله عليه وسلم. The Prophet صلى الله عليه وسلم said to command him to take her back, and when the menses ended, he could divorce her in her purity. Ibn Umar says he took her back, then divorced her in purity. When asked if he counted the first divorce, he said he did. The report is direct about correction, timing, and counting.
What we learn from this hadith
- Ibn Umar took her back after divorcing during menses.
- He later divorced her in a state of purity.
- The first divorce was counted according to his answer.
- The report shows that the proper time was after the menses ended.
