‘Abd Allah (bin Umar) said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Messenger of Allah(ﷺ). The Messenger of Allah(ﷺ) became angry and said “Command him, he must take her back and keep her back till she is purified, then has another menstrual period and is purified. Then if he desires he may divorce her during the period of purity before he has intercourse with her. This is the divorce for waiting period as commanded by Allaah, the Exalted.
Divorce (Kitab Al-Talaq) - Sunan Abi Dawud 2182
'Abd Allah (bin Umar) said that he divorced his wife while she was menstruating. 'Umar mentioned the matter to the Messenger of Allah(ﷺ). The Messenger of Allah(ﷺ) became angry and said "Command him, he must take her back and keep her back till she is purified, then has another menstrual period and is purified. Then if he desires he may divorce her during the period of purity before he has intercourse with her. This is the divorce for waiting period as commanded by Allaah, the Exalted.
Scholarly Commentary
This hadith establishes the fundamental ruling that divorce during menstruation is invalid and contrary to Islamic law. The Prophet's anger demonstrates the gravity of this violation.
The prescribed procedure requires: taking back the wife, waiting through her current menstrual period and purification, then a complete subsequent menstrual cycle, and finally divorcing during purity before consummation. This ensures the 'iddah (waiting period) is properly observed.
This ruling protects women's rights by preventing hasty divorces and ensuring proper maintenance during waiting periods. It also allows for reconciliation, as the husband must cohabit with his wife through two cycles before finalizing divorce.
Classical scholars unanimously agree this constitutes the sunnah method of divorce, emphasizing deliberation and proper timing rather than emotional decisions during impurity.