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English translation
3420. Sālim bin 'Abdullāh bin 'Umar narrated that 'Abdullāh bin 'Umar said: "I divorced my wife during the lifetime of the Messenger of Allāh ﷺ while she was menstruating. 'Umar mentioned that to the Messenger of Allāh ﷺ, and the Messenger of Allāh ﷺ got angry about that and said: 'Let him take her back, then keep her until she has menstruated again and become pure again.
Then if he wants to divorce her when she is pure and before he touches her (has intercourse with her), then that is divorce at the prescribed time as Allāh, the Mighty and Sublime, has revealed.” ‘Abdullāh bin ‘Umar said: “So I took her back, but I still counted the divorce that I had issued to her.” (Ṣaḥīḥ)
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Commentary
The majority of the people of knowledge maintain that although divorcing in the state of menstruation is sinful and forbidden and returning or taking back of the wife is essential, but such kind of divorce would be reckoned as one divorce. Now two more divorces remain. Some researchers, however, have ruled such kind of divorce null and void, because returning in it is essential. Even so, Allāh’s Messenger ﷺ could not have counseled Ibn ‘Umar ﷺ to give two divorces instead of one. Although this argumentation appears rationally strong, the wording of the relevant narrations, the statements of the Companions, and in addition the schools of thoughts of various scholars are contrary to it.
