27/76. Chapter:
Sunan an-Nasai 3557 — Menstrual Divorce and Three Talaqs
Taking The Wife Back
Triple Divorce During Menstruation: Ibn Umar's Answer
Sunan an-Nasai : 3557
Sunan an-NasaiHadith Number 3557
أَخْبَرَنَا عَلِيُّ بْنُ حُجْرٍ، قَالَ أَنْبَأَنَا إِسْمَاعِيلُ، عَنْ أَيُّوبَ، عَنْ نَافِعٍ، قَالَ كَانَ ابْنُ عُمَرَ إِذَا سُئِلَ عَنِ الرَّجُلِ، طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَيَقُولُ أَمَّا إِنْ طَلَّقَهَا وَاحِدَةً أَوِ اثْنَتَيْنِ فَإِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم أَمَرَهُ أَنْ يُرَاجِعَهَا ثُمَّ يُمْسِكَهَا حَتَّى تَحِيضَ حَيْضَةً أُخْرَى ثُمَّ تَطْهُرَ ثُمَّ يُطَلِّقَهَا قَبْلَ أَنْ يَمَسَّهَا وَأَمَّا إِنْ طَلَّقَهَا ثَلاَثًا فَقَدْ عَصَيْتَ اللَّهَ فِيمَا أَمَرَكَ بِهِ مِنْ طَلاَقِ امْرَأَتِكَ وَبَانَتْ مِنْكَ امْرَأَتُكَ .
Ibn 'Umar Narrated from:
When Ibn 'Umar was asked about a man who divorced his wife when she was menstruating, he would say: "If it is the first or second divorce, the Messenger of Allah would tell him to take her back and keep her until she has menstruated again and purified herself, then divorce her before having intercourse with her. But if it was three simultaneous divorces, then you have disobeyed Allah with regard to the way in which divorce should be conducted and your wife has become irrevocably divorced."
Reference : Sunan an-Nasa'i 3557In-book reference : Book 27, Hadith 171English translation : Vol. 4, Book 27, Hadith 3587
Summary of Sunan an-Nasai Hadith 3557
This Hadith records how Ibn Umar answered questions about divorcing a wife during menstruation. If the husband issued the first or second divorce, Ibn Umar said the Messenger of Allah instructed him to take her back. He should keep her until she menstruated again, became pure, and then divorce her before intercourse if he still chose divorce. Ibn Umar then addressed three simultaneous divorces. He said that the husband had disobeyed Allah in the way he carried out the divorce and that the wife had become irrevocably divorced from him. The narration therefore separates two situations: a first or second divorce with a route to return and correct the timing, and three divorces that make the separation final in Ibn Umar's answer.
What we learn from this hadith
- After a first or second menstrual divorce, the husband was told to take his wife back.
- A later divorce should occur after purity and before intercourse.
- Ibn Umar described three simultaneous divorces as disobedience in the method.
- He said the wife became irrevocably divorced after the three divorces.
