The ruling on one who divorces his wife while she is menstruating, in that it does not take effect until after she has performed the full ritual bath
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Regarding the hadith of Ibn 'Umar (may Allah be pleased with him) concerning the divorce of his wife when he divorced her while she was menstruating,In Sunan al-Nasa'i, he said: (If she becomes pure from her other menstruation after her bath, then if you wish, divorce her, and if you wish, keep her), does this mean that divorce is not permissible except after the woman has performed the full ritual bath?
This is on the basis of recommendation. Divorce is not permissible except when the woman becomes pure from menstruation,As in the narration in the two Sahihs: (until she becomes pure).
The questioner: If a man wants to take her back, is it necessary for her to have performed the full ritual bath?The Shaykh: Do you mean if she has become pure from her third menstruation?The questioner: Yes.
The Shaykh: He may take her back as long as she has not taken a bath.
The questioner: I mean: if he takes her back before she performs the full ritual bath, is it considered that he has taken her back?The Shaykh: Yes.
because of His saying, the Exalted: [Al-Talaq:2] (their term) When the menstruation stops and the term is completed, all ties are severed, so she does not inherit from him and he does not inherit from her.
The questioner: Even if she has not taken a bath?The Shaykh: The answer: Yes.
There is only the taking back (raj'ah). Also, regarding divorce, if he takes her back before the bath, his taking her back is valid. However, the waiting period ended when the menstruation stopped. If she dies after the menstruation stops, he does not inherit from her, and if he dies, she does not inherit from him. But the taking back is different, and Allah has made it broad. However, it is not permissible for her to delay the bath hoping that her husband will take her back. Rather, whenever the time for prayer comes, she must perform the full ritual bath.
This is on the basis of recommendation. Divorce is not permissible except when the woman becomes pure from menstruation,As in the narration in the two Sahihs: (until she becomes pure).
The questioner: If a man wants to take her back, is it necessary for her to have performed the full ritual bath?The Shaykh: Do you mean if she has become pure from her third menstruation?The questioner: Yes.
The Shaykh: He may take her back as long as she has not taken a bath.
The questioner: I mean: if he takes her back before she performs the full ritual bath, is it considered that he has taken her back?The Shaykh: Yes.
because of His saying, the Exalted:
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّThe questioner: Even if she has not taken a bath?The Shaykh: The answer: Yes.
There is only the taking back (raj'ah). Also, regarding divorce, if he takes her back before the bath, his taking her back is valid. However, the waiting period ended when the menstruation stopped. If she dies after the menstruation stops, he does not inherit from her, and if he dies, she does not inherit from him. But the taking back is different, and Allah has made it broad. However, it is not permissible for her to delay the bath hoping that her husband will take her back. Rather, whenever the time for prayer comes, she must perform the full ritual bath.