𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (334)

Does divorce during menstruation take effect? Sheikh Yahya hafidahullah: According to the most correct opinion held by the predominant majority of scholars, it does take effect, as stated by Imam An-Nawawi, may Allāh have mercy on him. This is based on the fact that the Prophet ﷺ counted the divorce issued by ’Abdullāh ibn ’Umar when he divorced his wife while she was menstruating. Had it not been considered a valid divorce, the Prophet would not have instructed him to take her back. Indeed, he was ordered to take her back until she became pure, and then either keep her or divorce her at an appropriate time. Thus, divorce during menstruation and postpartum bleeding is deemed valid, as both of them are treated the same in this regard. ___ عَنْ عَبْدِ الله بْنِ عُمَرَ ـ رضى الله عنهما ـ أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهْىَ حَائِضٌ عَلَى عَهْدِ رَسُولِ الله ﷺ فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَسُولَ الله ﷺ عَنْ ذَلِكَ فَقَالَ رَسُولُ الله ﷺ ((مُرْهُ فَلْيُرَاجِعْهَا، ثُمَّ لِيُمْسِكْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ، ثُمَّ تَطْهُرَ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ، فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ الله أَنْ تُطَلَّقَ لَهَا النِّسَاءُ)). Narrated ’Abdullah ibn ’Umar: that he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger (ﷺ). ’Umar ibn Al-Khattab asked Allah's Messenger (ﷺ) about that. Allah's Messenger (ﷺ) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced." [Bukhari (5251) & Muslim (1471)] In one narration in Sahih Muslim (1471), Muḥammad ibn Rumḥ—one of the narrators of the ḥadīth—added the following: Whenever ʿAbdullāh ibn ʿUmar was asked about divorcing a woman during her menstrual period, he would respond to the questioner: “If you have pronounced one or two divorces, then take her back, for the Messenger of Allāh (peace and blessings be upon him) commanded me to do so. But if you have issued three divorces, then she is no longer lawful for you, and there is no return for you to her. She becomes forbidden to you until she marries another husband, and consummates the marriage with him, and he then divorces her. Once her waiting period (ʿiddah) is complete, she becomes lawful for you once again.”