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.
The Book of Divorce - Sahih Muslim 1471c
This narration from Sahih Muslim addresses the critical matter of pronouncing divorce during a woman's menstrual period, which the Prophet ﷺ explicitly prohibited and rectified.
Scholarly Commentary
The ruling demonstrates that a divorce pronounced during menstruation is considered invalid and must be revoked. The husband is commanded to take his wife back and wait until she completes her purity period, then observe her through another menstrual cycle before pronouncing divorce in a state of purity without consummation.
This establishes the divine wisdom behind the 'Iddah (waiting period) - to ascertain whether the woman is pregnant and to provide opportunity for reconciliation. The final instruction "retain her or divorce her" emphasizes that after proper procedure, the choice remains with the husband.
Legal Implications
Nafi's statement "It was as one which she counted" indicates that such an improperly timed divorce is not counted toward the triple talaq. This preserves the marital bond and prevents hasty dissolution of marriage, aligning with Islamic principles of preserving family and giving due consideration to such serious matters.