The Book of Divorce
كتاب الطلاق
Chapter 1: The prohibition of divorcing a menstruating woman without her consent; If a man breaks this rule, it still counts as a divorce, and he should be ordered to take her back
Command him ('Abdullah b. 'Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting ('ldda) which God, the Exalted and Glorious, has commanded for the divorce of women.
If you pronounced one divorce or two, Allah's Messenger (ﷺ) had commanded him to take her back, and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, and then divorce her (finally) before touching her (having a sexual intercourse with her) ; and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife. But she is however (finally separated from you).
Command him to take her back, then divorce her when she is pure or she is pregnant.
Umar (Allah be pleased with him) asked Allah's Apostle (ﷺ) about it and he commanded him that he should take her back until she is divorced in the state of purity without having a sexual intercourse with her, and said: Divorce her in the beginning of her 'Idda or her 'Idda commences.
I divorced my wife during the lifetime of Allah's Messenger (ﷺ) when she was in the state of menses. 'Umar (Allah be pleased with him) made a mention of it to Allah's Messenger (ﷺ), whereupon he said: Command him to take her back and leave her (in that state) until she is purified. Then (let her) enter the period of second menses, and when she is purified, then divorce her (finally) before having a sexual intercourse with her, or retain her (finally). That is the 'Idda (the prescribed period) which Allah commanded (to be kept in view) while divorcing the women. 'Ubaidullah reported: I said to Nafi': What became of that divorce (pronounced within 'Idda)? He said: It was as one which she counted.
When 'Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah's Messenger (ﷺ) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word" one divorce" used by Laith is good.)
A hadith like this has been narrated on the authority of 'Ubaidullah, but he made no mention of the words of Ubaidullah that he said to Nafi'.
One who was blameless (as a narrator) narrated to me for twenty years that Ibn 'Umar (Allah be pleased with him) pronounced three divorces to his wife while she was in the state of menses. He was commanded to take her back. I neither blamed them (the narrators) nor recognised the hadith (to be perfectly genuine) until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and he narrated to me that he had asked Ibn 'Umar (Allah be pleased with there) and he narrated it to him that he made one pronouncement of divorce to his wife as she was in the state of menses, but he was commanded to take her back. I said: Was it counted (as one pronouncement)? He said: Why not, was I helpless or foolish?
A hadith like this has been transmitted on the authority of Ayyub with a slight variation of words.
Chapter 0
Chapter 1: The prohibition of divorcing a menstruating woman without her consent; If a man breaks this rule, it still counts as a divorce, and he should be ordered to take her back
I divorced my wife while she was in the state of menses. 'Umar (Allah be pleased with him) made mention of it to Allah's Apostle (ﷺ) and he was enraged and he said: Command him to take her back until she enters the second ensuing menses other than the one in which he divorced her and in case he deems proper to divorce her, he should pronounce divorce (finally) before touching her (in the period) when she is purified of her menses, and that is the prescribed period in regard to divorce as Allah has commanded. 'Abdullah made a pronouncement of one divorce and it was counted in case of divorce. 'Abdullah took her back as Allah's Messenger (ﷺ) had commanded him.
I took her back, and counted this pronouncement of divorce (as valid) with which I divorced her.
Command him to take her back until she is pure and then she enters the second menses and then becomes pure. Then either divorce her (finally) or retain her.
I divorced my wife while she was in the state of menses. 'Umar (Allah he pleased wish him) came toAllah's Apostle (ﷺ) and made mention of that to him, whereupon Allah's Apostle (ﷺ) told that be should take her back, and when she is pure he may divorce her. if he would so wish. I (one of the narrators) said to Ibn 'Umar (Allah be pleased with them): Did you count (this pronouncement of divorce) in her case? He said: What (after all) prevents him from doing so? Do you find him (Ibn Umar) either helpless or foolish?
What is your opinion about the person who divorced his wife in the state of menses? Thereupon he said: Ibn Umar (Allah be pleased with them) divorced his wife during the lifetime of Allah's Messenger (ﷺ) while she was in the state of menses. Upon this Allah's Messenger (ﷺ) told him to take her back and so he took her back and he (further) said: When she is pure, then either divorce her or retain her. Ibn 'Umar (Allah be pleased with them) said that Allah's Apostle (ﷺ) then recited this verse:" O Apostle, when you divorce women, divorce them at the commencement of their prescribed period" (Ixv 1).
Chapter 2: Threefold Divorce
Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.
Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (ﷺ) and Abu Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).
Chapter 3: Expiation must be offered by one who declares his wife to be unlawful for him but does not intend divorce thereby
Verily, there is in the Messenger of Allah (ﷺ) a model pattern for you.
This hadith has been narrated on the authority of 'Urwa with the same chain of transmitters.
Chapter 4: Giving one's wife the choice does not count as a divorce, unless it is intended as such
When the Messenger of Allah (ﷺ) was commanded to give option to his wives, he started it from me saying: I am going to mention to you a matter which you should not (decide) in haste until you have consulted your parents. She said that he already knew that my parents would never allow me to seek separation from him She said: Then he said: Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this world's life and its adornment, then come, I will give you a provision and allow you to depart a goodly departing; and if you desire Allah and His Messenger and the abode of the Hereafter, then Allah has prepared for the doers of good among you a great reward She is reported to have said: About what should I consult my parents, for I desire Allah and His Messenger and the abode of the Hereafter? She ('A'isha) said: Then all the wives of Allah's Messenger (ﷺ) did as I had done.