Source: Aḥkām wa Masā’il kitāb-o-sunnat kī roshnī mein by Shaykh Mubashshir Ahmad Rabbānī
✦ Question:
What is the Islamic ruling on a divorce pronounced during menstruation (ḥayḍ)? Some scholars claim it becomes effective, while others deny its validity. Please clarify, with evidence, which opinion is correct.
According to the authentic texts of the Qur’an and Sunnah, a divorce issued during menstruation does become effective. This is the opinion of the majority of the Imams and Hadith scholars, and the evidence for this is as follows:
ʿAbdullāh ibn ʿUmar رضي الله عنهما once divorced his wife while she was menstruating. When ʿUmar رضي الله عنه informed the Prophet ﷺ about it, the Prophet ﷺ said:
"Command him to take her back, then let him keep her until she becomes pure, then menstruates, then becomes pure again. After that, if he wishes, he may divorce her without touching her. This is the prescribed time-frame in which Allah has commanded divorce to be issued."
[al-Bukhārī, Book of Ṭalāq: 5251; Muslim: 1471; Abū Dāwūd: 2178, 2179; Ibn Mājah: 2019; al-Nasā’ī: 3418, 3419; Musnad Aḥmad: 6/45, 6045, 6046]
The scholars highlight the word:
"فَلْيُرَاجِعْهَا" — “Let him take her back.”
If the divorce had not been effective, there would be no need to revoke (rujūʿ). Some claim that “rujūʿ” here only means to bring her back without considering the divorce effective. However, this interpretation is incorrect because:
① In Islamic legal terminology, sharʿī (legal) meanings take precedence over linguistic ones.
② ʿAbdullāh ibn ʿUmar himself stated that this divorce was counted as one.
Another narration supports this:
"فحسبها واحدة" – “The Prophet ﷺ counted it as one divorce.”
[Musnad Abī Dāwūd al-Ṭayālisī: 1/68; al-Sunan al-Kubrā lil-Bayhaqī: 7/326, 14928]
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله said:
"هذا نصٌّ في موضع الخلاف فيجب المصير إليه"
"This is a clear text on the disputed matter, and it must be accepted."
When asked about the proper time for divorce during ʿiddah, Imām al-Zuhrī رحمه الله mentioned the same incident of Ibn ʿUmar and added:
"فراجعتها وحُسِبَتْ لها التطليقةُ التي طلقتها"
"I took her back and the divorce I gave her was counted against me."
[al-Nasā’ī, Book of Ṭalāq: 3420]
He reported asking Ibn ʿUmar about a man divorcing his wife during menstruation, and Ibn ʿUmar responded:
"أرأيت إن عجز واستحمق؟"
"What if someone is ignorant and foolish—should his action be voided?"
He affirmed that such a divorce is valid and counted, despite the man’s ignorance.
[al-Bukhārī: 5253, 5258; Muslim: 1471/6; Abū Dāwūd: 2184; al-Tirmidhī: 1175; al-Nasā’ī: 3428, 3429; Ibn Mājah: 2022]
Anas reported from Ibn ʿUmar, who said when asked if the divorce was counted:
"فمه" – “Be silent (of course it is counted)!”
[al-Bukhārī: 5252; Muslim: 1471/12]
In Ṣaḥīḥ Muslim (1471/11):
"ما لي لا أعتد بها وإن كنت عجزت واستحمقت؟"
"Why should I not count it? Even if I acted foolishly?"
Also, ʿUmar رضي الله عنه asked:
"أتحسب تلك التطليقة؟" – “Do you count that divorce?”
The Prophet ﷺ said: "نعم" – “Yes.”
[Bayhaqī: 7/326, 14922; Dāraquṭnī: 4/10, 3830]
"حسبت على تطليقة" – “That divorce was counted against me.”
[al-Bukhārī: 5253; Irwāʾ al-Ghalīl: 7/128]
"ثم تحتسب بالتطليقة التي طلق أول مرة"
“…and that first divorce should be counted.”
[Bayhaqī: 7/326, 14926]
Shaykh al-Albānī رحمه الله said:
"هذا إسناد صحيح رجاله ثقات على شرط الشيخين"
“This chain is authentic; all narrators are reliable per Bukhārī and Muslim’s standard.”
[Irwāʾ al-Ghalīl: 7/131]
"هي واحدة" – “It is one divorce.”
[Dāraquṭnī: 4/10, 3851]
"احتسبت بتلك التطليقة؟ قال: نعم"
“Did you count that divorce?” He replied, “Yes.”
[Dāraquṭnī: 4/10, 3852]
Some present a narration that the Prophet ﷺ did not consider the ḥayḍ divorce as “anything”:
"فردها علي ولم يرها شيئًا"
“He returned her to me and did not consider it anything.”
[Abū Dāwūd: 2185; Bayhaqī: 7/327; Musnad Aḥmad: 2/108]
① The phrase "ولم يرها شيئا" is ambiguous and not a clear denial of its occurrence.
② Ibn ʿUmar himself affirmed it was counted, as shown earlier.
③ Imām Abū Dāwūd stated:
"All narrations contradict Abū al-Zubayr’s claim."
④ Scholars like Ibn ʿAbd al-Barr, al-Khaṭṭābī, and al-Shāfiʿī explained:
“Not counted” here means it was against Sunnah, not that it was invalid.
⑤ Imām Ibn Ḥajar reconciled by saying: Ibn ʿUmar’s confirmation overrides the ambiguous narration.
All authentic and clear aḥādīth prove that:
Therefore, the correct and stronger opinion, supported by explicit and numerous narrations, is that divorce during menstruation does occur.
✦ Question:
What is the Islamic ruling on a divorce pronounced during menstruation (ḥayḍ)? Some scholars claim it becomes effective, while others deny its validity. Please clarify, with evidence, which opinion is correct.
❖ Ruling on Divorce During Menstruation (Ḥayḍ)
According to the authentic texts of the Qur’an and Sunnah, a divorce issued during menstruation does become effective. This is the opinion of the majority of the Imams and Hadith scholars, and the evidence for this is as follows:
◈ Evidence ① – The Incident of ʿAbdullāh ibn ʿUmar رضي الله عنهما
ʿAbdullāh ibn ʿUmar رضي الله عنهما once divorced his wife while she was menstruating. When ʿUmar رضي الله عنه informed the Prophet ﷺ about it, the Prophet ﷺ said:
"Command him to take her back, then let him keep her until she becomes pure, then menstruates, then becomes pure again. After that, if he wishes, he may divorce her without touching her. This is the prescribed time-frame in which Allah has commanded divorce to be issued."
[al-Bukhārī, Book of Ṭalāq: 5251; Muslim: 1471; Abū Dāwūd: 2178, 2179; Ibn Mājah: 2019; al-Nasā’ī: 3418, 3419; Musnad Aḥmad: 6/45, 6045, 6046]
The scholars highlight the word:
"فَلْيُرَاجِعْهَا" — “Let him take her back.”
If the divorce had not been effective, there would be no need to revoke (rujūʿ). Some claim that “rujūʿ” here only means to bring her back without considering the divorce effective. However, this interpretation is incorrect because:
① In Islamic legal terminology, sharʿī (legal) meanings take precedence over linguistic ones.
② ʿAbdullāh ibn ʿUmar himself stated that this divorce was counted as one.
Another narration supports this:
"فحسبها واحدة" – “The Prophet ﷺ counted it as one divorce.”
[Musnad Abī Dāwūd al-Ṭayālisī: 1/68; al-Sunan al-Kubrā lil-Bayhaqī: 7/326, 14928]
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله said:
"هذا نصٌّ في موضع الخلاف فيجب المصير إليه"
"This is a clear text on the disputed matter, and it must be accepted."
◈ Evidence ② – Statement of Imām al-Zuhrī through al-Nasā’ī
When asked about the proper time for divorce during ʿiddah, Imām al-Zuhrī رحمه الله mentioned the same incident of Ibn ʿUmar and added:
"فراجعتها وحُسِبَتْ لها التطليقةُ التي طلقتها"
"I took her back and the divorce I gave her was counted against me."
[al-Nasā’ī, Book of Ṭalāq: 3420]
◈ Evidence ③ – Testimony of Yūnus ibn Jubayr رحمه الله
He reported asking Ibn ʿUmar about a man divorcing his wife during menstruation, and Ibn ʿUmar responded:
"أرأيت إن عجز واستحمق؟"
"What if someone is ignorant and foolish—should his action be voided?"
He affirmed that such a divorce is valid and counted, despite the man’s ignorance.
[al-Bukhārī: 5253, 5258; Muslim: 1471/6; Abū Dāwūd: 2184; al-Tirmidhī: 1175; al-Nasā’ī: 3428, 3429; Ibn Mājah: 2022]
◈ Evidence ④ – Anas ibn Sīrīn رحمهم الله
Anas reported from Ibn ʿUmar, who said when asked if the divorce was counted:
"فمه" – “Be silent (of course it is counted)!”
[al-Bukhārī: 5252; Muslim: 1471/12]
In Ṣaḥīḥ Muslim (1471/11):
"ما لي لا أعتد بها وإن كنت عجزت واستحمقت؟"
"Why should I not count it? Even if I acted foolishly?"
Also, ʿUmar رضي الله عنه asked:
"أتحسب تلك التطليقة؟" – “Do you count that divorce?”
The Prophet ﷺ said: "نعم" – “Yes.”
[Bayhaqī: 7/326, 14922; Dāraquṭnī: 4/10, 3830]
◈ Evidence ⑤ – Saʿīd ibn Jubayr رحمه الله
"حسبت على تطليقة" – “That divorce was counted against me.”
[al-Bukhārī: 5253; Irwāʾ al-Ghalīl: 7/128]
◈ Evidence ⑥ – ʿĀmir al-Shaʿbī رحمه الله
"ثم تحتسب بالتطليقة التي طلق أول مرة"
“…and that first divorce should be counted.”
[Bayhaqī: 7/326, 14926]
Shaykh al-Albānī رحمه الله said:
"هذا إسناد صحيح رجاله ثقات على شرط الشيخين"
“This chain is authentic; all narrators are reliable per Bukhārī and Muslim’s standard.”
[Irwāʾ al-Ghalīl: 7/131]
◈ Evidence ⑦ – Dāraquṭnī’s Report
"هي واحدة" – “It is one divorce.”
[Dāraquṭnī: 4/10, 3851]
◈ Evidence ⑧ – Jābir al-Ḥadhā’
"احتسبت بتلك التطليقة؟ قال: نعم"
“Did you count that divorce?” He replied, “Yes.”
[Dāraquṭnī: 4/10, 3852]
⚠ Clarification Regarding Contrary Views
Some present a narration that the Prophet ﷺ did not consider the ḥayḍ divorce as “anything”:
"فردها علي ولم يرها شيئًا"
“He returned her to me and did not consider it anything.”
[Abū Dāwūd: 2185; Bayhaqī: 7/327; Musnad Aḥmad: 2/108]
☞ Response:
① The phrase "ولم يرها شيئا" is ambiguous and not a clear denial of its occurrence.
② Ibn ʿUmar himself affirmed it was counted, as shown earlier.
③ Imām Abū Dāwūd stated:
"All narrations contradict Abū al-Zubayr’s claim."
④ Scholars like Ibn ʿAbd al-Barr, al-Khaṭṭābī, and al-Shāfiʿī explained:
“Not counted” here means it was against Sunnah, not that it was invalid.
⑤ Imām Ibn Ḥajar reconciled by saying: Ibn ʿUmar’s confirmation overrides the ambiguous narration.
Conclusion
All authentic and clear aḥādīth prove that:
- Divorce during menstruation (ḥayḍ) is effective and counted as one.
- It is against Sunnah to issue divorce during ḥayḍ, but it is not invalid.
- The claim that such a divorce is ineffective lacks authentic and unambiguous proof.
Therefore, the correct and stronger opinion, supported by explicit and numerous narrations, is that divorce during menstruation does occur.
