Regarding The Divorce According To The Sunnah Sunan Abi Dawud 2184
Arabic hadith text
حَدَّثَنَا الْقَعْنَبِيُّ، حَدَّثَنَا يَزِيدُ، - يَعْنِي ابْنَ إِبْرَاهِيمَ - عَنْ مُحَمَّدِ بْنِ سِيرِينَ، حَدَّثَنِي يُونُسُ بْنُ جُبَيْرٍ، قَالَ سَأَلْتُ عَبْدَ اللَّهِ بْنَ عُمَرَ قَالَ قُلْتُ رَجُلٌ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ . قَالَ تَعْرِفُ عَبْدَ اللَّهِ بْنَ عُمَرَ قُلْتُ نَعَمْ . قَالَ فَإِنَّ عَبْدَ اللَّهِ بْنَ عُمَرَ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ . فَأَتَى عُمَرُ النَّبِيَّ صلى الله عليه وسلم فَسَأَلَهُ فَقَالَ " مُرْهُفَلْيُرَاجِعْهَا ثُمَّ لْيُطَلِّقْهَا فِي قُبُلِ عِدَّتِهَا " . قَالَ قُلْتُ فَيُعْتَدُّ بِهَا قَالَ فَمَهْ أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَقَ
Translation
Yunus bin Jubair said: I asked Abdullah bin Umar, saying: A man divorced his wife while she was menstruating? He said: Do you know Abdullah bin Umar? I said: Yes. He said: Indeed, Abdullah bin Umar divorced his wife while she was menstruating. Umar came to the Prophet (ﷺ) and asked him, and he said: "Command him to take her back, then let him divorce her when she is pure before her waiting period begins." He said: I asked: Will it be counted against him? He said: What else? Did you think that if he was helpless and foolish [it would not count]?
Hadith Commentary: Divorce During Menstruation
This narration from Sunan Abi Dawud 2184 addresses the critical matter of pronouncing divorce during a wife's menstrual period, which is considered an improper time for such declaration according to Islamic law.
The Incident and Its Resolution
When Abdullah bin Umar divorced his wife during her menses, his father Umar immediately sought the Prophet's guidance, demonstrating the importance of consulting proper religious authority in such matters.
The Prophet commanded Abdullah to take his wife back and wait until she becomes pure from menstruation, then either retain her in marriage or divorce her properly at the beginning of her waiting period (iddah).
Scholarly Interpretation
Classical scholars explain that divorce pronounced during menstruation is considered an innovation (bid'ah) in divorce procedure, as it extends the waiting period unnecessarily and causes additional hardship.
The ruling to take back the wife serves to rectify the improper timing, allowing the husband to reconsider his decision during the purity period when marital relations are permissible.
Legal Status of Such Divorce
Ibn Umar's response "Why not?" when asked if this divorce counts indicates that despite its improper timing, the divorce pronouncement remains legally effective and counts toward the triple divorce limit.
The commentary emphasizes that even foolish or improperly timed divorce pronouncements carry legal weight, highlighting the seriousness of marital dissolution in Islamic law.