The Ruling on Divorcing a Woman During Menstruation
Machine translationRead the Arabic original
The questioner : And I spoke with him afterwards about menstruation, and his fatwa has not changed in fifty years.
The Shaykh : Which one?
The questioner : That if a menstruating woman is divorced, the divorce does not take effect. So I said to him, O Shaykh, there is a narration in Musnad ... that is weak, but Ibn Jurayj supported it, and it is "So the Prophet (peace and blessings be upon him) counted it for her." Because in al-Bukhari it is "So he counted it for her." I do not know who the counter is. I said to him, this settles the case. He said to me, but in al-Bukhari there is a narration where it is mentioned "nothing was counted for her." I said, O Shaykh, you interpret "nothing was counted for her" as being valid for one who is prevented from taking her back.
The Shaykh : But this has a defect.
The questioner : The one in al-Bukhari.
The Shaykh : No, the one that says "nothing was counted for her" is not in al-Bukhari; it is in Muslim.
The questioner : So it is used as evidenceThe Shaykh : that the divorce does not take effect. So I said to him, let me read to you from Irwa' al-Ghalil the research he mentioned.The Shaykh : Nasser, what is your opinion? He said to me, or as he said, this is a matter he researched fifty years ago.
The Shaykh : Allahu Akbar, Allahu Akbar. But here something is raised regarding the one who says "it was counted for her." Is he not the owner of the story, Ibn 'Umar, the one with the connection, the owner of the story? Does he not know what happened to him? I mean, if we did not have any explicit narration, this would suffice us. Because if the scholars, as I mentioned earlier, say that the narrator is more knowledgeable about his narration, but the owner of the story is more knowledgeable about his story. Because the former has a connection to his understanding of the text he heard from the Messenger (peace and blessings be upon him). But here, a story happened to him as a person who had a problem between him and his wife, and he raised the matter to the legal judge. He narrates what he was asked to rule on. He did not name the judge, but he says that it was counted for her. Is there not a possibility here that the judge was other than the Messenger (peace and blessings be upon him)? And this has a connection to the hadith principle.
The Shaykh : Which one?
The questioner : That if a menstruating woman is divorced, the divorce does not take effect. So I said to him, O Shaykh, there is a narration in Musnad ... that is weak, but Ibn Jurayj supported it, and it is "So the Prophet (peace and blessings be upon him) counted it for her." Because in al-Bukhari it is "So he counted it for her." I do not know who the counter is. I said to him, this settles the case. He said to me, but in al-Bukhari there is a narration where it is mentioned "nothing was counted for her." I said, O Shaykh, you interpret "nothing was counted for her" as being valid for one who is prevented from taking her back.
The Shaykh : But this has a defect.
The questioner : The one in al-Bukhari.
The Shaykh : No, the one that says "nothing was counted for her" is not in al-Bukhari; it is in Muslim.
The questioner : So it is used as evidenceThe Shaykh : that the divorce does not take effect. So I said to him, let me read to you from Irwa' al-Ghalil the research he mentioned.The Shaykh : Nasser, what is your opinion? He said to me, or as he said, this is a matter he researched fifty years ago.
The Shaykh : Allahu Akbar, Allahu Akbar. But here something is raised regarding the one who says "it was counted for her." Is he not the owner of the story, Ibn 'Umar, the one with the connection, the owner of the story? Does he not know what happened to him? I mean, if we did not have any explicit narration, this would suffice us. Because if the scholars, as I mentioned earlier, say that the narrator is more knowledgeable about his narration, but the owner of the story is more knowledgeable about his story. Because the former has a connection to his understanding of the text he heard from the Messenger (peace and blessings be upon him). But here, a story happened to him as a person who had a problem between him and his wife, and he raised the matter to the legal judge. He narrates what he was asked to rule on. He did not name the judge, but he says that it was counted for her. Is there not a possibility here that the judge was other than the Messenger (peace and blessings be upon him)? And this has a connection to the hadith principle.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.