Yunus bin Jubair said “I asked ‘Abd Allah bin ‘Umar “A man divorced his wife while she was menstruating? He said do you know ‘Abd Allah bin ‘Umar? He said, yes. ‘Abd Allah bin ‘Umar divorced his wife while she was menstruating. So, ‘Umar came to the Prophet (ﷺ) and asked him (about this matter). He said Command him to take her back in marriage he may the divorce her in the beginning of the waiting period. I (Ibn Jubair) asked him “Will this divorce be counted? He said “Why not?” If he was helpless and showed his foolishness (that would have been counted).
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.