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Text and translation
English translation
1176. Sālim narrated that his father divorced his wife during her menses, so 'Umar asked the Prophet ﷺ about that and he said: "Tell him to take her back, then let him divorce her while she is pure or pregnant." (Saḥīḥ)
(Abū 'Eisā said:) The Hadīth of Yūnus bin Jubair from Ibn 'Umar is a Hasan Saḥīḥ Hadīth, and so is the Hadīth of Sālim from Ibn
'Umar. This Hadith has been reported through other routes from Ibn 'Umar from the Prophet ﷺ.
This is acted upon according to the people of knowledge among Companions of the Prophet ﷺ and others. The Sunnah divorce is to divorce her while she is pure without having intercourse. Some of them said if he divorces her thrice (at one time) while she is pure, then it will also be according to the Sunnah. This is the view of Ash-Shāfi'ī and Aḥmad (bin Ḥanbal). Some of them said that three (at one time) is not from the Sunnah, unless he divorces her once (and then once). This is the view of (Sufyān) Ath-Thawrī and Ishāq.
Regarding divorcing a pregnant woman they said: He divorces her whenever he wants to. This is the view of Ash-Shāfi'ī, Aḥmad and Ishāq. Some of them said that he pronounces one divorce on her during each month.
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Commentary
It is not correct to divorce a woman during her menstruating period, because a woman is divorced when her husband actually hates her and has ill feelings about her. During the menstruating period, a woman is not clean and tidy, moreover, dullness and laziness overcomes her. In such physical and mental condition she is averse to adorn herself for her husband and the husband too is not inclined towards her in this period. So it is not approved to divorce a woman during the menstruating period. According to all Four A'immah, and in view of most of the people of knowledge among the Companions, if a woman has been divorced during this period it will be considered as divorced.
