عن عبد الله بن عمر -رضي الله عنهما-: أنه طَلَّق امرأته وهي حائض، على عَهْد رسول الله -صلى الله عليه وسلم-، فسأل عمر بن الخطاب رسول الله -صلى الله عليه وسلم- عن ذلك، فقال رسول الله صلى الله عليه وسلم: «مُرْهُ فليُرَاجِعْهَا، ثم ليُمْسِكْهَا حتى تَطْهُر، ثم تحيض ثم تَطْهُر، ثم إن شاء أَمسَكَ بَعْدُ، وإن شاء طلق قَبْل أن يَمَسَّ، فتلك العِدَّةُ التي أمر الله أن تُطَلَّقَ لها النساء».
[صحيح.] - [متفق عليه.]
المزيــد ...

‘Abdullāh ibn ‘Umar (may Allah be pleased with him) reported that he had divorced his wife while she was menstruating, and this happened during the lifetime of the Messenger of Allah (may Allah's peace and blessings be upon him). ‘Umar ibn al-Khattāb asked the Messenger of Allah (may Allah's peace and blessings be upon him) about that, so the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Order him to take her back and keep her till she is clean, and then wait till she gets her next menstruation period and becomes clean again. Thereupon, 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. That is the prescribed waiting period that Allah has fixed for the women meant to be divorced."

Explanation

This Hadīth shows that Ibn ‘Umar (may Allah be pleased with him) divorced his wife, who was called Āminah bint Ghifār, during her menstruation period. Therefore, his father, ‘Umar (may Allah be pleased with him) went to the Prophet (may Allah's peace and blessings be upon him) to tell him about that and seek his opinion. The Messenger of Allah (may Allah's peace and blessings be upon him) told ‘Umar to order his son ‘Abdullāh to restore his wife to wedlock, because divorcing the wife during her menses is a Bid‘ah-based divorce. The Prophet (may Allah's peace and blessings be upon him) commanded him to restore his divorced wife in this case so that her waiting period would not be long, for this menstrual cycle in which she was divorced would not count among the three cycles whereby the waiting period is terminated. Then ‘Abdullāh had to keep his wife until she would attain purity from her menses, have another menses, and another period of purity. Thereafter, if he wishes, he may keep her as his wife. Otherwise, he may divorce her without having sexual intercourse after she has become clean. Divorce that is done when the woman is pure from menses, and without having had sexual intercourse with her (since her menses), is the kind of divorce that Allah has prescribed so that a woman commences her waiting period upon divorce. Allah says: {When you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period.} [Sūrat At-Talāq: 1]

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