27/76. Chapter:
Sunan an-Nasai 3555 — Divorce During Menstruation Counts
Taking The Wife Back
Divorce During Menstruation: Take Her Back Until Pure
Sunan an-Nasai : 3555
Sunan an-NasaiHadith Number 3555
أَخْبَرَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، قَالَ حَدَّثَنَا مُحَمَّدٌ، قَالَ حَدَّثَنَا شُعْبَةُ، عَنْ قَتَادَةَ، قَالَ سَمِعْتُ يُونُسَ بْنَ جُبَيْرٍ، قَالَ سَمِعْتُ ابْنَ عُمَرَ، قَالَ طَلَّقْتُ امْرَأَتِي وَهِيَ حَائِضٌ فَأَتَى النَّبِيَّ صلى الله عليه وسلم عُمَرُ فَذَكَرَ لَهُ ذَلِكَ فَقَالَ النَّبِيُّ صلى الله عليه وسلم " مُرْهُ أَنْ يُرَاجِعَهَا فَإِذَا طَهُرَتْ - يَعْنِي - فَإِنْ شَاءَ فَلْيُطَلِّقْهَا " . قُلْتُ لاِبْنِ عُمَرَ فَاحْتَسَبْتَ مِنْهَا فَقَالَ مَا يَمْنَعُهَا أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَقَ .
Ibn 'Umar Narrated from:
I divorced my wife when she was menstruating. 'Umar went to the Prophet and told him about that. The Prophet said: 'Tell him to take her back, then when she becomes pure, if he wants to, let him divorce her.'" I said to Ibn 'Umar: "Did that count as one divorce?" He said: "Why not? What do you think if some becomes helpless and behaves foolishly."
Reference : Sunan an-Nasa'i 3555In-book reference : Book 27, Hadith 169English translation : Vol. 4, Book 27, Hadith 3585
Summary of Sunan an-Nasai Hadith 3555
This Hadith records Ibn Umar's divorce of his wife while she was menstruating. Umar informed the Prophet, who told him to take her back. After she became pure, Ibn Umar could divorce her if he still wished to do so. The narrator then asked whether the first act counted as one divorce. Ibn Umar answered that it did and rejected the idea that his helpless or foolish conduct would erase what he had done. The main topic is divorce during menstruation and the corrective step of taking the wife back. The report also directly answers the counting question in this narration. It should not be softened into saying the act had no effect, because Ibn Umar expressly treated it as counted.
What we learn from this hadith
- Ibn Umar was told to take his wife back after divorcing her during menstruation.
- A later divorce could occur after she became pure.
- Ibn Umar said the menstrual divorce counted as one divorce.
