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‏الطلاق (The Book of Divorce)
CHAPTER: IT IS FORBIDDEN TO DIVORCE THE WOMAN DURING HER MENSES  

No. 3473

Ibn 'Umar (Allaah be pleased with them) reported that he divorced his wife while she was menstruating during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam). 'Umar b. Khattib (Allaah be pleased with him) asked Allaah's Messenger (sallAllaahu alayhi wa sallam) about it, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Command him ('Abdullah b. 'Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting ('ldda) which God, the Exalted and Glorious, has commanded for the divorce of women.

No. 3474

Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allaah's Messenger (sallAllaahu alayhi wa sallam) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allaah had commanded for the divorce of women. Ibn Rumh in his narration made this addition: When 'Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allaah's Messenger (sallAllaahu alayhi wa sallam) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allaah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word" one divorce" used by Laith is good.)

No. 3475

Ibn Umar (Allaah be pleased with them) reported: I divorced my wife during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam) when she was in the state of menses. 'Umar (Allaah be pleased with him) made a mention of it to Allaah's Messenger (sallAllaahu alayhi wa sallam), whereupon he said: Command him to take her back and leave her (in that state) until she is purified. Then (let her) enter the period of second menses, and when she is purified, then divorce her (finally) before having a sexual intercourse with her, or retain her (finally). That is the 'Idda (the prescribed period) which Allaah commanded (to be kept in view) while divorcing the women. 'Ubaidullah reported: I said to Nafi': What became of that divorce (pronounced within 'Idda)? He said: It was as one which she counted.

No. 3476

A hadith like this has been narrated on the authority of 'Ubaidullah, but he made no mention of the words of Ubaidullah that he said to Nafi'.

No. 3477

Ibn 'Umar (Allaah be pleased with them) reported that he divorced his wife during the period of menses. 'Umar (Allaah be, pleas'ed with him) asked Allaah's Prophet (sallAllaahu alayhi wa sallam), and he commanded him ('Abdullah b. 'Umar) to have her back and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, then divorce her (finally) before touching her (having a sexual intercourse with her), for that is the prescribed period which Allaah commanded (to be kept in view) for divorcing the women. When Ibn 'Umar (Allaah be pleased with them) was asked about the person who divorces his wife in the state of menses, he said: If you pronounced one divorce or two, Allaah's Messenger (sallAllaahu alayhi wa sallam) had commanded him to take her back, and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, and then divorce her (finally) before touching her (having a sexual intercourse with her) ; and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife. But she is however (finally separated from you).

No. 3478

Abdullah b. 'Umar (Allaah be pleased with them) reported: I divorced my wife while she was in the state of menses. 'Umar (Allaah be pleased with him) made mention of it to Allaah's Prophet (sallAllaahu alayhi wa sallam) and he was enraged and he said: Command him to take her back until she enters the second ensuing menses other than the one in which he divorced her and in case he deems proper to divorce her, he should pronounce divorce (finally) before touching her (in the period) when she is purified of her menses, and that is the prescribed period in regard to divorce as Allaah has commanded. 'Abdullah made a pronouncement of one divorce and it was counted in case of divorce. 'Abdullah took her back as Allaah's Messenger (sallAllaahu alayhi wa sallam) had commanded him. A hadith like this was reported on the authority of Zuhri with the same chain of narrators. Ibn Umar (Allaah be pleased with them), however, said: I took her back, and counted this pronouncement of divorce (as valid) with which I divorced her.

No. 3479

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

No. 3480

Ibn 'Umar (Allaah be pleased with them) reported that he divorced his wife while she was in her menses. 'Umar (Allaah be pleased with him) asked Allaah's Prophet (sallAllaahu alayhi wa sallam) about that, and he said: Command him to take her back until she is pure and then she enters the second menses and then becomes pure. Then either divorce her (finally) or retain her.

No. 3481

Ibn Sirin reported: One who was blameless (as a narrator) narrated to me for twenty years that Ibn 'Umar (Allaah be pleased with him) pronounced three divorces to his wife while she was in the state of menses. He was commanded to take her back. I neither blamed them (the narrators) nor recognised the hadith (to be perfectly genuine) until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and he narrated to me that he had asked Ibn 'Umar (Allaah be pleased with there) and he narrated it to him that he made one pronouncement of divorce to his wife as she was in the state of menses, but he was commanded to take her back. I said: Was it counted (as one pronouncement)? He said: Why not, was I helpless or foolish?

No. 3482

A hadith like this has been transmitted on the authority of Ayyub with a slight variation of words.

No. 3483

Ayyub reported a hadith like this with the same chain of narrators and he said: Umar (Allaah be pleased with him) asked Allaah's Prophet (sallAllaahu alayhi wa sallam) about it and he commanded him that he should take her back until she is divorced in the state of purity without having a sexual intercourse with her, and said: Divorce her in the beginning of her 'Idda or her 'Idda commences.

No. 3484

Yunus b. Jubair reported: I said to Ibn'Umar (Allaah be pleased with them): A person divorcedhis wife while she was in the state of menses, whereupon he said: Do you know 'Abdullah b. Umar (Allaah be pleased with them), for he divorced his wife in the state of menses. 'Umar (Allaah be pleased with him) came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and asked him, and he (the Prophet) commanded him that he should take her back, and she started her 'Idda. I said to him: When a person divorces his wife, and she is in the state of menses, should that pronouncement of divorce be counted? He said: Why not, was he hopless or foolish?

No. 3485

Ibn 'Umar (Allaah be pleased with them) reported: I divorced my wife while she was in the state of menses. 'Umar (Allaah he pleased wish him) came toAllaah's Prophet (sallAllaahu alayhi wa sallam) and made mention of that to him, whereupon Allaah's Prophet (sallAllaahu alayhi wa sallam) 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 (Allaah 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?

No. 3486

Anas b. Sirin reported: I asked Ibn 'Umar (Allaah 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 (Allaah be pleased with him) and he then made a mention of that to Allaah's Prophet (sallAllaahu alayhi wa sallam), 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?

No. 3487

Anas b. Sirin reported that he had heard Ibn 'Umar (Allaah be pleased with them) as saying. I divorced my wife while she was in the state of menses. 'Umar (Allaah be pleased with him) came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and informed him about it, whereupon he (Allaah's Prophet) said: Command him to take her back and when she is pure, then divorce her. I said to Ibn 'Umar Allaah be pleased with them): Did you count that pronouncement of divorce? He said: Why not? This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters but with a slight variation in wording.

No. 3488

Ibn Tawus narrated on the authority of his father that Ibn 'Umar (Allaah be pleased with them) was asked about the person who divorced his wife in the state of menses, whereupon he said: Do you know 'Abdullah b. Umar? He said: Yes. He said: It was he who divorced his wife jn the state of menses and 'Umar went to Allaah's Prophet (sallAllaahu alayhi wa sallam) and gave him this information. and he commanded him that he should take her back; and he (Abu Tawus) said: I did not hear any addition to this (hadith) from my father.

No. 3489

Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman (the freed slave of 'Azza) say that he asked Ibn 'Umar (Allaah be pleased with them) and Abu Zubair heard: What is your opinion about the person who divorced his wife in the state of menses? Thereupon he said: Ibn Umar (Allaah be pleased with them) divorced his wife during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam) while she was in the state of menses. Upon this Allaah's Messenger (sallAllaahu alayhi wa sallam) told him to take her back and so he took her back and he (further) said: When she is pure, then either divorce her or retain her. Ibn 'Umar (Allaah be pleased with them) said that Allaah's Prophet (sallAllaahu alayhi wa sallam) then recited this verse:" O Prophet, when you divorce women, divorce them at the commencement of their prescribed period" (Ixv 1).

No. 3490

A hadith like this is reported on the same authority (but with this difference that the narrator) 'Abd al-Rahman b. Aiman (was mentioned) as the freed slave of 'Urwa (Imam Muslim said: He made a mistake who said that it was 'Urwa; it was in fact the freed slave of 'Azza.)




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