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سنن دارمي
Darimi
من كتاب الطلاقFrom the Book of Divorce
باب السُّنَّةِ في الطَّلاَقِ:Chapter: The Sunnah in Divorce
Hadith 2300
اُردوEn
أَخْبَرَنَا عُبَيْدُ اللَّهِ بْنُ مُوسَى، أَخْبَرَنَا سُفْيَانُ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ، قَالَ: سَمِعْتُ سَالِمًا يَذْكُرُ، عَنِ ابْنِ عُمَرَ: أَنَّ عُمَرَ، قَالَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حِينَ طَلَّقَ ابْنُ عُمَرَ امْرَأَتَهُ، فَقَالَ: "مُرْهُ فَلْيُرَاجِعْهَا، ثُمَّ لِيُطَلِّقْهَا وَهِيَ طَاهِرَةٌ" . قَالَ أَبُو مُحَمَّدٍ: رَوَاهُ ابْنُ الْمُبَارَكِ، وَوَكِيعُ: "أَوْ حَامِلٌ".
It is narrated from Sayyiduna Ibn Umar (may Allah be pleased with them both) that when he divorced his wife, Sayyiduna Umar (may Allah be pleased with him) mentioned this to the Noble Prophet (peace and blessings of Allah be upon him). He (peace be upon him) said: "Tell him to take his wife back (i.e., to revoke the divorce), then if he wishes, he may divorce her while she is in a state of purity." Imam Darimi (may Allah have mercy on him) said: Ibn al-Mubarak and Waki‘ narrated that it was in the state of pregnancy. (That is, either divorce her in a state of purity, or if the woman is pregnant, then divorce her at that time.)
Brief Explanation
(Commentary on Hadiths 2298 to 2300)
Nikah (marriage) is a contract and bond through which affection and love are created between husband and wife, and the foundation of lineage and family is established. If harmony and compatibility cannot be achieved in this bond, then the Shariah has legislated two appropriate solutions for dissolving and breaking this bond: divorce (talaq) from the husband's side and khul‘ from the wife's side, and there are rules and regulations for these.
Therefore, the meaning of divorce is to remove the restriction that was upon the husband and wife due to marriage, and depending on circumstances and conditions, it has various forms. The permissible and Sunnah method is that which Allah Almighty has mentioned in the Noble Qur’an: «﴿الطَّلَاقُ مَرَّتَانِ .....﴾ [البقره : 229]» that is, if divorce is intended, then one divorce should be given in a state of purity (tuhr) in which no intercourse has taken place.
And giving divorce during the days of menstruation (hayd) is haram, as is mentioned in these two hadiths, or giving three divorces at once is also contrary to the Book and Sunnah. Sometimes divorce is bid‘ah (innovative) and also disliked, such as when a man divorces merely for sexual gratification without any reason, and sometimes divorce is obligatory (wajib) when there is discord between husband and wife and no possibility of reconciliation remains, and sometimes divorce is recommended (mustahabb), permissible (halal), or allowed (ja’iz) when the wife is of bad character. However, divorce in itself is not a good thing; husband and wife should, as much as possible, live together with love, sincerity, and respect for each other. If the situation does reach the point of divorce, then it should be given thoughtfully, one at a time, so that the way for reconciliation (ruju‘) remains open and there is no regret or remorse later. It is very unfortunate that people, in a fit of emotion, pronounce three divorces at once in opposition to the Sunnah, and then run to the scholars, making rounds, seeking some way to get their wife back, and then resort to the extremely vile and shameful method of halalah for this purpose. All these matters are contrary to the Shariah, and every Muslim should avoid them.
In the aforementioned hadith, the divorce given during menstruation was not valid, so the Messenger of Allah sallallahu alayhi wa sallam ordered reconciliation (ruju‘).
Now, the scholars differ on whether this divorce will be counted or not. According to the four Imams (a’immah arba‘ah) and most jurists, this divorce, although it is bid‘ah, will be counted, and after reconciliation, the husband will have the right to only two more divorces. And the apparent position of Ahl al-Hadith, Imam Ibn Taymiyyah and Ibn al-Qayyim rahimahum Allah, and many scholars and jurists is that this divorce will not be counted, because it is bid‘ah and haram. That is why the Prophet sallallahu alayhi wa sallam ordered Sayyiduna Ibn ‘Umar radi Allahu anhuma to reconcile.
Imam Shawkani rahimahullah has also given preference to this view, and in one narration, it is reported from Sayyiduna Ibn ‘Umar radi Allahu anhuma himself: «فردها على ولم ير شيئا.» This statement is a clear and manifest proof that divorce given during menstruation does not take effect.
For details, see «زاد المعاد» and «المحلى لابن حزم».
Nikah (marriage) is a contract and bond through which affection and love are created between husband and wife, and the foundation of lineage and family is established. If harmony and compatibility cannot be achieved in this bond, then the Shariah has legislated two appropriate solutions for dissolving and breaking this bond: divorce (talaq) from the husband's side and khul‘ from the wife's side, and there are rules and regulations for these.
Therefore, the meaning of divorce is to remove the restriction that was upon the husband and wife due to marriage, and depending on circumstances and conditions, it has various forms. The permissible and Sunnah method is that which Allah Almighty has mentioned in the Noble Qur’an: «﴿الطَّلَاقُ مَرَّتَانِ .....﴾ [البقره : 229]» that is, if divorce is intended, then one divorce should be given in a state of purity (tuhr) in which no intercourse has taken place.
And giving divorce during the days of menstruation (hayd) is haram, as is mentioned in these two hadiths, or giving three divorces at once is also contrary to the Book and Sunnah. Sometimes divorce is bid‘ah (innovative) and also disliked, such as when a man divorces merely for sexual gratification without any reason, and sometimes divorce is obligatory (wajib) when there is discord between husband and wife and no possibility of reconciliation remains, and sometimes divorce is recommended (mustahabb), permissible (halal), or allowed (ja’iz) when the wife is of bad character. However, divorce in itself is not a good thing; husband and wife should, as much as possible, live together with love, sincerity, and respect for each other. If the situation does reach the point of divorce, then it should be given thoughtfully, one at a time, so that the way for reconciliation (ruju‘) remains open and there is no regret or remorse later. It is very unfortunate that people, in a fit of emotion, pronounce three divorces at once in opposition to the Sunnah, and then run to the scholars, making rounds, seeking some way to get their wife back, and then resort to the extremely vile and shameful method of halalah for this purpose. All these matters are contrary to the Shariah, and every Muslim should avoid them.
In the aforementioned hadith, the divorce given during menstruation was not valid, so the Messenger of Allah sallallahu alayhi wa sallam ordered reconciliation (ruju‘).
Now, the scholars differ on whether this divorce will be counted or not. According to the four Imams (a’immah arba‘ah) and most jurists, this divorce, although it is bid‘ah, will be counted, and after reconciliation, the husband will have the right to only two more divorces. And the apparent position of Ahl al-Hadith, Imam Ibn Taymiyyah and Ibn al-Qayyim rahimahum Allah, and many scholars and jurists is that this divorce will not be counted, because it is bid‘ah and haram. That is why the Prophet sallallahu alayhi wa sallam ordered Sayyiduna Ibn ‘Umar radi Allahu anhuma to reconcile.
Imam Shawkani rahimahullah has also given preference to this view, and in one narration, it is reported from Sayyiduna Ibn ‘Umar radi Allahu anhuma himself: «فردها على ولم ير شيئا.» This statement is a clear and manifest proof that divorce given during menstruation does not take effect.
For details, see «زاد المعاد» and «المحلى لابن حزم».
