It is mentioned in the hadith of Ibn 'Umar (when she has purified herself from her last menstruation after her bath
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The Shaykh : Very well.
The questioner : May Allah reward you. Shaykh, 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 it says: Does this mean that divorce is not permissible except after the woman has taken a bath?
The Shaykh : This is on the basis of recommendation. Yes, divorce is permissible when she has purified herself from menstruation, as in the narration in the two Sahihs.
The questioner : Okay, Shaykh, and what about taking back the wife? Is taking back the wife the same, Shaykh? Is it necessary for her to take a bath?
The Shaykh : What is taking back the wife?
The questioner : Taking back the wife when a man wants to take her back.
The Shaykh : When she has purified herself from the third menstruation, do you mean?
The questioner : Yes, indeed.
The Shaykh : He may take her back as long as she has not taken a bath.
The questioner : I mean, Shaykh, if he takes her back before her bath, is it considered that he has taken her back?
The Shaykh : Yes, based on the saying of Allah the Exalted:[At-Talaq 65:2].
The questioner : And their term is after the bath?
The Shaykh : No, no, their term is when the menstruation stops.
The questioner : I mean, when the menstruation stops, taking her back is permissible...
The Shaykh : When the menstruation stops, the term is completed.
The questioner : The term is completed.
The Shaykh : And all ties are severed, so he does not inherit from her and she does not inherit from him.
The questioner : Even if she has not taken a bath?
The Shaykh : Yes?
The questioner : Even if she has not taken a bath, Shaykh?
The Shaykh : Yes, there is only the taking back and the two divorces.
The questioner : I did not understand, Shaykh.
The Shaykh : When she has purified herself from her third menstruation.
The questioner : Yes.
The Shaykh : He may take her back.
The questioner : But before her bath.
The Shaykh : Before her bath, it is known.
The questioner : I mean, after the bath, does the bath have no effect?
The Shaykh : Once it is after the bath, he cannot take her back except with a new contract.
The questioner : But I mean, Shaykh, before the bath he takes her back.
The Shaykh : He may take her back, and even if the waiting period has ended, he may take her back.
The questioner : I mean, Shaykh, the bath...
The Shaykh : Read the verse, read the verse,?
The questioner :[Al-Baqarah 2:234].
The Shaykh : By what do they complete their term?
The questioner : By the stopping of the menstruation.
The Shaykh : By the stopping of the menstruation.
The questioner : Yes.
The Shaykh : This is the taking back [At-Talaq 65:2].
The questioner : So if he takes her back before the bath...
The Shaykh : If he takes her back before the bath, then his taking her back is valid, but the waiting period ended with the stopping of the menstruation. If she dies after the stopping of the menstruation, he does not inherit from her, and if he dies, she does not inherit from him.
The questioner : But is the taking back different?
The Shaykh : The taking back is different, may Allah expand for you, but it is not permissible for her to delay the bath hoping that her husband will take her back; rather, she should take a bath whenever the prayer time comes.
The questioner : May Allah reward you with good, O Shaykh.
The questioner : May Allah reward you. Shaykh, 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 it says:
When she has purified herself from her last menstruation after her bath, if you wish, divorce her, and if you wish, keep her
فإذا طهرت من حيضتها الأخرى بعد غسلها، فإن شئت فطلّق وإن شئت فأمسكThe Shaykh : This is on the basis of recommendation. Yes, divorce is permissible when she has purified herself from menstruation, as in the narration in the two Sahihs
until she purifies herself
حتّى تطهرThe questioner : Okay, Shaykh, and what about taking back the wife? Is taking back the wife the same, Shaykh? Is it necessary for her to take a bath?
The Shaykh : What is taking back the wife?
The questioner : Taking back the wife when a man wants to take her back.
The Shaykh : When she has purified herself from the third menstruation, do you mean?
The questioner : Yes, indeed.
The Shaykh : He may take her back as long as she has not taken a bath.
The questioner : I mean, Shaykh, if he takes her back before her bath, is it considered that he has taken her back?
The Shaykh : Yes, based on the saying of Allah the Exalted:
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them
فإذا بلغن أجلهنّ فأمسكوهنّ بمعروف أو فارقوهنّThe questioner : And their term is after the bath?
The Shaykh : No, no, their term is when the menstruation stops.
The questioner : I mean, when the menstruation stops, taking her back is permissible...
The Shaykh : When the menstruation stops, the term is completed.
The questioner : The term is completed.
The Shaykh : And all ties are severed, so he does not inherit from her and she does not inherit from him.
The questioner : Even if she has not taken a bath?
The Shaykh : Yes?
The questioner : Even if she has not taken a bath, Shaykh?
The Shaykh : Yes, there is only the taking back and the two divorces.
The questioner : I did not understand, Shaykh.
The Shaykh : When she has purified herself from her third menstruation.
The questioner : Yes.
The Shaykh : He may take her back.
The questioner : But before her bath.
The Shaykh : Before her bath, it is known.
The questioner : I mean, after the bath, does the bath have no effect?
The Shaykh : Once it is after the bath, he cannot take her back except with a new contract.
The questioner : But I mean, Shaykh, before the bath he takes her back.
The Shaykh : He may take her back, and even if the waiting period has ended, he may take her back.
The questioner : I mean, Shaykh, the bath...
The Shaykh : Read the verse, read the verse,
When they have completed
فإذا بلغنThe questioner :
And when they have fulfilled their term
فإذا بلغن أجلهنّThe Shaykh : By what do they complete their term?
The questioner : By the stopping of the menstruation.
The Shaykh : By the stopping of the menstruation.
The questioner : Yes.
The Shaykh :
Then either keep them with kindness
فأمسكوهنّ بمعروفor part with them according to acceptable terms
أو فارقوهنّ بمعروفThe questioner : So if he takes her back before the bath...
The Shaykh : If he takes her back before the bath, then his taking her back is valid, but the waiting period ended with the stopping of the menstruation. If she dies after the stopping of the menstruation, he does not inherit from her, and if he dies, she does not inherit from him.
The questioner : But is the taking back different?
The Shaykh : The taking back is different, may Allah expand for you, but it is not permissible for her to delay the bath hoping that her husband will take her back; rather, she should take a bath whenever the prayer time comes.
The questioner : May Allah reward you with good, O Shaykh.