By Ḥāfiẓ Nadīm Ẓahīr
(Question by ʿAbd ar-Raḥmān Anṣārī, Saudi Arabia)
مُرْهُ فَلْيُرَاجِعُهَا
“Order him to return to her.”
(Ṣaḥīḥ al-Bukhārī 5252)
➋ Imam al-Bukhārī records under the chapter of ṭalāq:
وَطَلاقُ السُّنَّةِ أَنْ يُطَلَّقَهَا طَاهِرًا مِنْ غَيْرِ جِمَاعٍ وَيُشْهِدُ شَاهِدَيْنِ
“The sunnah divorce is to pronounce it while she is in a state of purity (ṭahārah), without intimate relations having occurred, and in the presence of two witnesses.”
(Ṣaḥīḥ al-Bukhārī, before 5251)
◈ Conclusion:
Pronouncing divorce during ḥayḍ is non-sunnah and should be avoided.
❀ ʿUmar ibn al-Khaṭṭāb رضي الله عنه said:
حُسِبَتْ عَلَيَّ طَلَاقَةٌ
“It was counted as a divorce upon me.”
(Ṣaḥīḥ al-Bukhārī 5253)
➊ Majority of scholars rule that a ṭalāq uttered in ḥayḍ is valid (ḥāṣil); the husband incurs the prescribed count of divorces.
➋ Some jurists inferred from the phrase “وَلَمْ يَرَهَا شَيْئًا” that ʿAbdullāh ibn ʿUmar did not regard his own pronouncement as effective. However, the consensus did not take this as decisive proof; they held it more likely signifies his disapproval, not non-effectiveness.
② If pronounced nonetheless, it takes effect and counts toward the husband’s divorce tally.
③ Couples should avoid this practice, ensuring that any ṭalāq is pronounced in a state of purity, with witnesses, to follow the sunnah and avert sin.
والله أعلم
① Question
Does a divorce pronounced during a woman’s menstrual period (ḥayḍ) become effective? Please clarify with evidences.(Question by ʿAbd ar-Raḥmān Anṣārī, Saudi Arabia)
② Divorce and Sharʿī Guidelines
Islamic law prescribes clear rules for every major transaction, including divorce (ṭalāq). Even when a husband feels compelled to divorce, he must adhere to the Sharʿī requirements, otherwise he incurs sin.2.1 Dislike (Makrūh) of Divorcing During Menstruation
➊ ʿAbdullāh ibn ʿUmar رضي الله عنهما once divorced his wife during her menstrual days. When this reached the Prophet ﷺ, he commanded:مُرْهُ فَلْيُرَاجِعُهَا
“Order him to return to her.”
(Ṣaḥīḥ al-Bukhārī 5252)
➋ Imam al-Bukhārī records under the chapter of ṭalāq:
وَطَلاقُ السُّنَّةِ أَنْ يُطَلَّقَهَا طَاهِرًا مِنْ غَيْرِ جِمَاعٍ وَيُشْهِدُ شَاهِدَيْنِ
“The sunnah divorce is to pronounce it while she is in a state of purity (ṭahārah), without intimate relations having occurred, and in the presence of two witnesses.”
(Ṣaḥīḥ al-Bukhārī, before 5251)
◈ Conclusion:
Pronouncing divorce during ḥayḍ is non-sunnah and should be avoided.
③ Effectiveness of a Divorce in Ḥayḍ
Despite its being non-sunnah, does it count?❀ ʿUmar ibn al-Khaṭṭāb رضي الله عنه said:
حُسِبَتْ عَلَيَّ طَلَاقَةٌ
“It was counted as a divorce upon me.”
(Ṣaḥīḥ al-Bukhārī 5253)
➊ Majority of scholars rule that a ṭalāq uttered in ḥayḍ is valid (ḥāṣil); the husband incurs the prescribed count of divorces.
➋ Some jurists inferred from the phrase “وَلَمْ يَرَهَا شَيْئًا” that ʿAbdullāh ibn ʿUmar did not regard his own pronouncement as effective. However, the consensus did not take this as decisive proof; they held it more likely signifies his disapproval, not non-effectiveness.
④ Summary of Ruling
① Divorce during menstruation is makrūh (disliked) and contrary to the Prophetic sunnah.② If pronounced nonetheless, it takes effect and counts toward the husband’s divorce tally.
③ Couples should avoid this practice, ensuring that any ṭalāq is pronounced in a state of purity, with witnesses, to follow the sunnah and avert sin.
والله أعلم
