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Text and translation
English translation
3418. Nâfi' narrated from 'Abdullâh, that he divorced his wife while she was menstruating. 'Umar asked the Messenger of Allâh ﷺ about that and said: "Abdullâh has divorced his wife while she was menstruating." He said: "Tell 'Abdullâh to take her back, then leave her until she becomes pure from this menstrual period, then menstruates again, then when she becomes pure again, if he wishes he may separate from her before having intercourse with her, or if he wishes he may keep her. This is the time when Allâh, the Mighty and Sublime, has stated that women may be divorced." (Sahih)
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Commentary
1. Sexual intercourse during menstruation is forbidden. Man normally feels no desire for his wife in this condition. It is quite possible one might rush to pronounce divorce. Hence, the Divine law has forbidden divorcing in this condition. If someone commits this mistake, he shall have to resort to "returning" or taking the woman back. A divorce would, however, be counted, whether or not he takes her back. But if he does not pronounce the third divorce, the marriage would not be terminated. If it is the third divorce, returning would not be permitted. The marriage is over!
2. During menstruation, the returning would take place verbally. At the end of menstruation the returning would be practical, that is to say one ought to have sexual intercourse. Thereupon, if one desires, one may resort to divorce
during the next purity.
3. We learn that the appropriate time of divorcing is in the state of purity, during which the husband has not had sexual intercourse with her. This is why the Prophet ﷺ commanded the divorce be given after the intervention of one more menstrual cycle, in the state of purity, because in the first period of purity, returning was done in the form of sexual intercourse.
