Sharh · explanationclick to expand
The legislated divorce is that one divorces his wife one time while being pure (of her menses) without having sexual intercourse with her during this period of purity. It is called Talāq Sunni (Sunnah-compliant divorce). As for the forbidden divorce, it is to divorce one's wife more than once in one utterance, or to divorce her during her menstruation, or during a period of purity in which he had sexual intercourse with her. This is called Talāq Bid‘i (Heretic divorce). In this Hadīth, ‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) narrates that he divorced his wife - her name was Āminah bint Ghifār, and it was said: Āminah bint ‘Ammār, and there are other opinions as well - during her menstruation before attaining purity, and that was in the Prophet's lifetime. His father, ‘Umar ibn al-Khattāb, went to the Messenger of Allah (may Allah's peace and blessings be upon him) and asked him about the ruling on this divorce that occurred during menstruation, whether it is permissible or not, and whether it counts or not. The Messenger of Allah (may Allah's peace and blessings be upon him) commanded him to order his son, ‘Abdullah, to take her back in marriage and keep her with him "until she attains purity" from the menstruation in which he divorced her, "then menstruates" again, "then attains purity" from the second menstruation. After attaining purity from the second menstruation, he could keep her as his wife if he wished or he could divorce her in the second period of purity before having intercourse with her. This state, namely the state of purity, is the time for starting "the ‘Iddah that Allah Almighty has commanded for the divorce," i.e., during which, "women", as Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with concern to their waiting period.} [Surat at-Talāq: 1] That is to say, divorce them while receiving their ‘Iddah, i.e., at the time they could start the ‘Iddah, and the period of menstruation is not counted in the ‘Iddah. So, if one divorces during this time, his divorce does not occur in the state commanded by Allah, which is starting and entering the ‘Iddah, when the divorce occurs during the period of her purity not during the period of her menstruation. This is because, during the purity period, she can keep an accurate count of her ‘Iddah, which is three Qurū’ (menstrual cycles), and "qur’" is purity, and it was said: menstruation. In another version, Muhammad ibn Rumh - one of the Hadīth narrators - added: Whenever ‘Abdullah ibn ‘Umar was asked about divorcing a woman during menstruation, he would say to the questioner: If you divorced your wife once or twice then take her back, as the Messenger of Allah (may Allah's peace and blessings be upon him) commanded me to do so. However, if you divorced her thrice then this is an irrevocable divorce and you cannot take her back and she becomes forbidden for you "until she is married to another man," and he has sexual intercourse with her and then divorces her. After her ‘Iddah is over, she becomes lawful for you again to marry. And by doing this, you disobeyed Allah and went against Him "regarding what He commanded you in divorcing your wife" during the purity state in which you had intercourse with her, as Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with concern to their waiting period.} [Surat at-Talāq: 1] This clarifies that the divorce counts, whether it is Sunni or Bid‘i. The fact that the Bid‘i divorce is forbidden does not entail that it does not occur. It only means that whoever does this deliberately is considered sinful, yet the divorce still counts. In a version of Muslim, Anas ibn Sīrīn said to Ibn ‘Umar (may Allah be pleased with him and his father): "Was that divorce that you gave her when she was menstruating counted as such?" and you considered it one of the three divorces. "‘Abdullah ibn ‘Umar said: Why would I not count it? (It must be counted) even if I failed and acted foolishly," i.e, failed to fulfill an obligation or acted foolishly and did not fulfill it, or failed to take her back and acted foolishly. Would that be an excuse for him, or would his foolishness make it not count, or would his failure invalidate it?! It is a question of disapproval whose answer is supposed to be: Yes, it is counted, and his failure and foolishness do not prevent it from being counted. The Hadīth indicates the keenness of Islam to restrict the circumference of divorce as much as possible, and if it happens, it does not cause harm to any of the spouses. It also indicates that the husband alone has the right to Raj‘ah (taking the wife back) without the guardian..