that he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger (ﷺ) . `Umar bin Al-Khattab asked Allah's Messenger (ﷺ) about that. Allah's Messenger (ﷺ) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."
Tafsir of the Hadith on Divorcing During Menstruation
This narration from Sahih al-Bukhari (5251) addresses the grave error of pronouncing divorce during a woman's menstrual period. The Prophet Muhammad (ﷺ) was consulted by Umar ibn al-Khattab regarding his son who had committed this act.
The Divine Wisdom Behind the Prohibition
Allah has prescribed specific periods and conditions for divorce to maintain order and justice. Divorcing during menstruation is prohibited because it extends the waiting period ('iddah) unjustly. The menstrual period cannot count toward the 'iddah, thus prolonging the woman's uncertain marital status.
This ruling protects women from being subjected to prolonged emotional distress and ensures the husband acts with deliberation rather than impulsive anger during a time when marital relations are already suspended.
The Rectification Process
The Prophet (ﷺ) commanded the husband to retract his divorce pronouncement and take his wife back. He must then wait through three phases: her current menstruation ends, she performs purification, they await her next menstrual cycle, and she purifies again from it.
Only after this complete cycle may the husband decide with clarity - either to retain her as his wife or to pronounce divorce in the prescribed manner before consummation. This process ensures the decision is made during a state of purity when relations are permissible, reflecting thoughtful consideration rather than reactive emotion.
Legal Implications in Islamic Jurisprudence
Scholars classify this type of divorce as "bid'ī" (innovated/improper) because it violates the prescribed method. The majority ruling holds that such a divorce counts as one revocable divorce, not a final dissolution.
This incident established the fundamental principle that divorce must be pronounced during tuhr (state of purity without intercourse), providing a cooling-off period and preventing hasty decisions that destroy families. It exemplifies Islam's comprehensive concern for both procedural justice and human welfare.