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Sahih al-Bukhari 5333 (Book 68, Hadith 78) #5107
The Invalidity of Divorce During Menses

SUMMARY: Divorce during a woman's menses is not valid and should be avoided.

Narrated Yunus Ibn Jubair: Ibn 'Umar divorced his wife while she was having her menses'.Umar asked the Prophet who said, "Order him (your son) to take her back, and then divorced her before her period of the 'Iddah has elapsed". I asked Ibn 'Umar, "Will that divorce (during the menses) be counted?" He replied, "If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?"
حَدَّثَنَا حَجَّاجٌ، حَدَّثَنَا يَزِيدُ بْنُ إِبْرَاهِيمَ، حَدَّثَنَا مُحَمَّدُ بْنُ سِيرِينَ، حَدَّثَنِي يُونُسُ بْنُ جُبَيْرٍ، سَأَلْتُ ابْنَ عُمَرَ فَقَالَ طَلَّقَ ابْنُ عُمَرَ امْرَأَتَهُ وَهْىَ حَائِضٌ، فَسَأَلَ عُمَرُ النَّبِيَّ فَأَمَرَهُ أَنْ يُرَاجِعَهَا، ثُمَّ يُطَلِّقَ مِنْ قُبُلِ عِدَّتِهَا، قُلْتُ فَتَعْتَدُّ بِتِلْكَ التَّطْلِيقَةِ قَالَ أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَقَ‏.‏

TOPICS
divorce  *  invalidity  *  talak  *  haidh  *  batil  *  menses

QUICK LESSONS:
Think twice before making any decisions in haste or out of anger; Respect for Marriage Contract; Avoid divorcing one’s wife while she is having her mense cycle; Follow Islamic teachings on marriage contracts; Show patience when dealing with difficult situations related to marriage contracts; Seek advice from knowledgeable people when facing such issues related to marriage contracts .

EXPLANATIONS:
This hadith discusses the invalidity of divorce during a woman's menses. It is narrated by Yunus Ibn Jubair and Ibn 'Umar that the latter divorced his wife while she was having her menses. Umar asked the Prophet Muhammad ﷺ about this situation who said that he should take her back and then divorce her before her period of Iddah has elapsed. When asked if this divorce would be counted, Umar replied with a rhetorical question asking if somebody's foolishness can excuse their misbehavior. This hadith teaches us that it is not permissible to divorce one's wife while she is in her mense cycle as it will not be counted as an official talaq or divorce. It also teaches us to think twice before making any decisions in haste or out of anger as it could have serious consequences for both parties involved in the marriage contract.

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