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موطا امام مالك رواية ابن القاسم
Muwatta Malik (Qasim)
Issues of Divorce
Ruling on Divorce During Menstruation
Hadith 367
اُردوEn
233- وبه: عن ابن عمر: أنه طلق امرأته وهى حائض فى عهد رسول الله صلى الله عليه وسلم، فسأل عمر بن الخطاب رسول الله صلى الله عليه وسلم عن ذلك، فقال رسول الله صلى الله عليه وسلم: ”مره فليراجعها ثم ليمسكها حتى تطهر ثم تحيض ثم تطهر، ثم إن شاء أمسك بعد وإن شاء طلق قبل أن يمس، فتلك العدة التى أمر الله أن تطلق لها النساء.“
And with the same chain of narration, it is narrated from Sayyiduna Ibn Umar (may Allah be pleased with them both) that he divorced his wife during her menstrual period in the time of the Messenger of Allah (peace and blessings be upon him). Then Sayyiduna Umar bin Khattab (may Allah be pleased with him) asked the Messenger of Allah (peace and blessings be upon him) about this. The Messenger of Allah (peace and blessings be upon him) said: "Order him (Ibn Umar) to take her back, then keep her until she becomes pure from her menstruation, then she experiences menstruation again and becomes pure from it. Then if he wishes, he may keep her in his marriage, and if he wishes, he may divorce her before touching her."
Explanation & Benefits
Hafiz Zubair Ali Zai
Takhrij al-Hadith: [واخرجه البخاري 5251، و مسلم 1471، من حديث مالك به]
Jurisprudential Points:
➊ It is not permissible to divorce a woman during her menstrual period (hayd), but if it is done, it is counted.
Sayyiduna Ibn Umar radi Allahu anhu divorced his wife while she was menstruating with one divorce. [صحيح بخاري : 5332، صحيح مسلم : 1471، دارالسلام : 3653]
Sayyiduna Ibn Umar radi Allahu anhuma said: This divorce (which I gave to my wife during her menstruation) was counted as one divorce. [صحيح بخاري : 5253، صحيح مسلم : 1471، دارالسلام : 3658]
It is thus known that divorcing a wife during her menstrual period is prohibited, but if it is done, the divorce is counted. It is clear that an innovated (bid‘i) divorce does take effect, even though giving such a divorce is wrong.
➋ Sayyiduna Ibn Umar radi Allahu anhu used to say: If a man divorces his wife (with one divorce), then she enters her third menstrual period, she becomes separated from her husband and the husband becomes separated from her. [الموطأ 2/578 ح1258، وسنده صحيح]
➌ No scholar, no matter how great, is free from error or slip.
➍ The Messenger of Allah sallallahu alayhi wa sallam said: «ابغض الحلال الي الله عزوجل الطلاق .»
Among the lawful things, the most disliked to Allah is divorce. [سنن ابي داؤد : 2178 وسنده حسن لذاته وأخطأ من ضعفه]
➎ If a person is unaware of a certain issue, he is not sinful, but after gaining knowledge, it is necessary to repent for previous shortcomings.
➏ The explanation of the Noble Qur’an is known from the authentic ahadith of the Messenger of Allah sallallahu alayhi wa sallam (and the reports of the pious predecessors).
Jurisprudential Points:
➊ It is not permissible to divorce a woman during her menstrual period (hayd), but if it is done, it is counted.
Sayyiduna Ibn Umar radi Allahu anhu divorced his wife while she was menstruating with one divorce. [صحيح بخاري : 5332، صحيح مسلم : 1471، دارالسلام : 3653]
Sayyiduna Ibn Umar radi Allahu anhuma said: This divorce (which I gave to my wife during her menstruation) was counted as one divorce. [صحيح بخاري : 5253، صحيح مسلم : 1471، دارالسلام : 3658]
It is thus known that divorcing a wife during her menstrual period is prohibited, but if it is done, the divorce is counted. It is clear that an innovated (bid‘i) divorce does take effect, even though giving such a divorce is wrong.
➋ Sayyiduna Ibn Umar radi Allahu anhu used to say: If a man divorces his wife (with one divorce), then she enters her third menstrual period, she becomes separated from her husband and the husband becomes separated from her. [الموطأ 2/578 ح1258، وسنده صحيح]
➌ No scholar, no matter how great, is free from error or slip.
➍ The Messenger of Allah sallallahu alayhi wa sallam said: «ابغض الحلال الي الله عزوجل الطلاق .»
Among the lawful things, the most disliked to Allah is divorce. [سنن ابي داؤد : 2178 وسنده حسن لذاته وأخطأ من ضعفه]
➎ If a person is unaware of a certain issue, he is not sinful, but after gaining knowledge, it is necessary to repent for previous shortcomings.
➏ The explanation of the Noble Qur’an is known from the authentic ahadith of the Messenger of Allah sallallahu alayhi wa sallam (and the reports of the pious predecessors).
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 233
