Regarding The Divorce According To The Sunnah Sunan Abi Dawud 2179
Arabic hadith text
حَدَّثَنَا الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنْ ذَلِكَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مُرْهُفَلْيُرَاجِعْهَا ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ ثُمَّ تَطْهُرَ ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدَ ذَلِكَ وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللَّهُ سُبْحَانَهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ " .
Translation
Abdullah ibn Umar divorced his wife while she was menstruating during the time of the Messenger of Allah (ﷺ). Umar ibn al-Khattab asked the Messenger of Allah (ﷺ) about that, and the Messenger of Allah (ﷺ) said: "Command him to take her back, then keep her until she is purified, then menstruates, then is purified. Then, if he wishes, he may keep her after that; and if he wishes, he may divorce her before touching her. That is the prescribed waiting period for women which Allah, the Glorified, has commanded."
Hadith Commentary: The Prohibition of Divorcing a Menstruating Woman
This narration from Sunan Abi Dawud 2179 addresses a fundamental ruling in Islamic divorce law. Abdullah ibn Umar's action of divorcing his wife during her menstrual period represents an incorrect implementation of divorce, which the Prophet Muhammad ﷺ explicitly corrected.
The Divine Wisdom Behind the Prohibition
Allah has prescribed specific periods of waiting (iddah) for women to ensure clarity regarding paternity and to maintain family stability. Divorcing during menstruation disrupts this divine system, as the woman's iddah period cannot be properly calculated.
The menstrual period is a time when marital relations are suspended, making it inappropriate for divorce, which should occur during times of normal marital relations when both parties can make clear-headed decisions.
The Correct Procedure Prescribed by the Prophet
The Prophet ﷺ ordered Abdullah to take back his wife and wait until she completes her current menstruation, becomes pure, then experiences another complete menstrual cycle and purification. Only after this may he divorce her if he still wishes, before having intercourse.
This ensures the divorce occurs during a state of purity when marital relations are permissible, allowing for proper calculation of the waiting period and preventing hasty decisions made during emotional or physical discomfort.
Scholarly Interpretation and Application
Classical scholars unanimously agree that divorcing a menstruating woman is forbidden (haram) and such a divorce, while technically effective in some schools, is considered an innovation (bid'ah) against the Sunnah.
The majority position holds that this type of divorce counts toward the triple divorce, emphasizing the importance of following the prophetic guidance in both intention and method when dissolving marriage.
Contemporary Relevance
This ruling remains fully applicable today, reminding Muslims that divorce, while permissible, must follow specific ethical and legal guidelines to minimize harm and respect the dignity of all parties involved.
It teaches us that Islamic law considers both the spiritual and practical dimensions of human relationships, ensuring that even in separation, divine wisdom and compassion prevail.