Ibn ‘Umar said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Prophet(ﷺ). He (the Prophet) said “Order him, he must take her back and divorce her when she is purified (from menstrual discharge) or she is pregnant.”
Hadith Text & Context
Narrated Ibn 'Umar: He divorced his wife while she was menstruating. 'Umar mentioned the matter to the Prophet (ﷺ). He said: "Order him, he must take her back and divorce her when she is purified (from menstrual discharge) or she is pregnant."
Reference: Sunan Abi Dawud 2181 | Book: Divorce (Kitab Al-Talaq)
Legal Ruling & Wisdom
This hadith establishes the prohibition of divorcing a woman during her menstrual period (ṭalāq al-ḥāʾiḍ). The Prophet's command to retract the divorce demonstrates such pronouncements are religiously invalid and must be revoked.
The wisdom behind this ruling is to ensure divorce occurs during a period of purity when marital relations are permissible, thus confirming the wife is not pregnant and allowing for clear determination of paternity and 'iddah (waiting period).
Scholarly Interpretation
Classical scholars unanimously agree this hadith proves the impermissibility of menstrual divorce. The phrase "when she is purified" means after her period ends and she performs the ritual bath (ghusl).
The alternative "or she is pregnant" indicates that if pregnancy is confirmed, divorce may be pronounced regardless of menstrual cycles, as pregnancy suspends menstruation and establishes clear 'iddah parameters.
Practical Application
If a man divorces his wife during menstruation, he must immediately retract his statement and resume marital relations. The divorce count does not begin until a valid pronouncement occurs during purity.
This ruling protects women from impulsive divorces during emotional or physical discomfort and maintains the sanctity of marriage by requiring deliberate action during stable conditions.