Answer by: Fadhīlat al-Shaykh ʿAbd al-Wakīl Nāṣir (ḥafiẓahullāh)
Does a bidʿī divorce (i.e., divorce given during menstruation) take effect?
A divorce issued during the menstrual period is termed ṭalāq bidʿī in Islamic jurisprudence, and it is prohibited. However, if a man issues a divorce during menstruation, it still takes effect according to the majority of scholars.
➤ The Incident of ʿAbdullāh ibn ʿUmar (رضي الله عنهما):
Nāfiʿ reports:
“ʿAbdullāh ibn ʿUmar (رضي الله عنهما) divorced his wife while she was menstruating. The Messenger of Allah (ﷺ) instructed him to take her back and keep her until she becomes pure, then she experiences another menses, and after she becomes pure again—before having sexual relations—if he wishes to divorce her, then he may do so. That is the period in which Allah has commanded that women should be divorced.”
[Ṣaḥīḥ al-Bukhārī: 5332]
➤ Statement of ʿAbdullāh ibn ʿUmar (رضي الله عنه):
“That divorce which I gave during menstruation was counted against me.”
[Ṣaḥīḥ al-Bukhārī: 5253]
◈ Consensus (Ijmāʿ):
Issuing divorce during menstruation is ḥarām (prohibited) and forbidden, as it opposes the prescribed Sharʿi method.
◈ Difference of Opinion:
Scholars differ whether a sinful (bidʿī) divorce should still be counted.
◈ Majority of Scholars:
Maintain that ṭalāq bidʿī is valid and effective, despite being sinful.
◈ Minority Opinion:
Some scholars hold that such a divorce should not be counted, but this opinion is rare and not widely accepted.
Issuing divorce during menstruation is sinful and forbidden, yet if it is given, it is valid and takes effect according to authentic narrations and the consensus of the majority of scholars.
❖ Question:
Does a bidʿī divorce (i.e., divorce given during menstruation) take effect?
❖ Clarification of Bidʿī Divorce:
A divorce issued during the menstrual period is termed ṭalāq bidʿī in Islamic jurisprudence, and it is prohibited. However, if a man issues a divorce during menstruation, it still takes effect according to the majority of scholars.
❖ Evidence from Authentic Aḥādīth:
➤ The Incident of ʿAbdullāh ibn ʿUmar (رضي الله عنهما):
Nāfiʿ reports:
“ʿAbdullāh ibn ʿUmar (رضي الله عنهما) divorced his wife while she was menstruating. The Messenger of Allah (ﷺ) instructed him to take her back and keep her until she becomes pure, then she experiences another menses, and after she becomes pure again—before having sexual relations—if he wishes to divorce her, then he may do so. That is the period in which Allah has commanded that women should be divorced.”
[Ṣaḥīḥ al-Bukhārī: 5332]
➤ Statement of ʿAbdullāh ibn ʿUmar (رضي الله عنه):
“That divorce which I gave during menstruation was counted against me.”
[Ṣaḥīḥ al-Bukhārī: 5253]
❖ Opinions of the Jurists:
◈ Consensus (Ijmāʿ):
Issuing divorce during menstruation is ḥarām (prohibited) and forbidden, as it opposes the prescribed Sharʿi method.
◈ Difference of Opinion:
Scholars differ whether a sinful (bidʿī) divorce should still be counted.
◈ Majority of Scholars:
Maintain that ṭalāq bidʿī is valid and effective, despite being sinful.
◈ Minority Opinion:
Some scholars hold that such a divorce should not be counted, but this opinion is rare and not widely accepted.
❖ Conclusion:
Issuing divorce during menstruation is sinful and forbidden, yet if it is given, it is valid and takes effect according to authentic narrations and the consensus of the majority of scholars.
