Regarding The Divorce According To The Sunnah Sunan Abi Dawud 2182
Arabic hadith text
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَنْبَسَةُ، حَدَّثَنَا يُونُسُ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ، عَنْ أَبِيهِ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَذَكَرَ ذَلِكَ عُمَرُ لِرَسُولِ صلى الله عليه وسلم فَتَغَيَّظَ رَسُولُ اللَّهِ صلى الله عليه وسلم ثُمَّ قَالَ " مُرْهُفَلْيُرَاجِعْهَا ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ فَتَطْهُرَ ثُمَّ إِنْ شَاءَ طَلَّقَهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّ فَذَلِكَ الطَّلاَقُ لِلْعِدَّةِ كَمَا أَمَرَ اللَّهُ عَزَّ وَجَلَّ "
Translation
That he divorced his wife while she was menstruating. Umar mentioned that to the Messenger of Allah, and the Messenger of Allah became angry, then said: "Order him to take her back and keep her until she is purified, then she menstruates and is purified, then if he wishes, he may divorce her while she is pure before touching her. That is the prescribed divorce for the waiting period as Allah, the Mighty and Majestic, has commanded."
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.