Commentary on the variations in the wording of the hadith of Ibn 'Umar (may Allah be pleased with both of them): (
Machine translationRead the Arabic original
The Shaykh : These are the wordings of the hadith of Ibn 'Umar in Muslim (may Allah have mercy on him), and as you know, there is some variation in them. One of the variations is that it is established that he divorced her with a single divorce, and for this reason, Muslim said at the beginning of the first chain of narrations: "Jawwad al-Layth said: a single divorce," so that the objection raised by Ibn Sirin would not be brought against him, namely that he continued for twenty years narrating that he had divorced her three times. Another variation is that some of the wordings indicate that he was granted a dispensation to divorce her after she became pure from the menstruation in which he divorced her, where he was ordered to divorce her while she was pure or pregnant. This is undoubtedly the requirement of the legal principles, because if she becomes pure from the menstruation in which he divorced her, and especially if we say that the divorce did not take effect, then he would have divorced her while she was pure in a state of purity in which he did not have intercourse with her. However, in the other narration which contains the addition that he should leave her until the second menstruation, so that she becomes pure, it may be said that the wordings varied based on the fact that the Messenger (peace and blessings be upon him) intended to delay the matter for him, as he had hastened him in a manner that is not permissible. And some of the narrators mentioned what the legal principle indicates, which is that if she becomes pure from the menstruation in which the divorce took place, he is allowed to divorce her. But if someone were to ask: Is post-natal bleeding like menstruation? In the sense that divorce is forbidden during it? The answer is: No, it is not like menstruation. And that is because if he divorces her while she is in post-natal bleeding, she begins her waiting period, meaning he has divorced her for the waiting period, because post-natal bleeding is not considered part of the waiting period and is not counted from the waiting period. So if he divorces her during post-natal bleeding, she begins from when? From the moment he divorces her, unlike menstruation, because in menstruation, if he divorces her during the period, the remainder of the period is nullified, so he has not divorced her for the waiting period. But in post-natal bleeding, the waiting period begins from the moment he divorces her, and on this basis, the divorce takes effect. And until when is the waiting period? Until menstruation returns to her, and she observes a waiting period of three menstrual cycles. It is the norm that if a woman is breastfeeding, menstruation does not come to her until she weans the child. Yes. Also, the anger of the Messenger (peace and blessings be upon him) indicates the prohibition of divorce during menstruation, and for that reason the Prophet (peace and blessings be upon him) became angry. Many of the muftis today, when a man comes to them seeking a ruling and says that he divorced during menstruation, they find that he answers him with an answer based on one of two opinions: either the divorce takes effect or it does not, but he answers him with coldness. And this is not what should be done. It should be that a person in this situation displays anger and displeasure at this forbidden act, so that he may follow the example of whom? The Messenger of Allah (peace and blessings be upon him). Likewise, in the case of the triple divorce, a person should also not hasten to issue a ruling that it is a single divorce, because if he hastens in that situation, it becomes as if it is something lawful. Rather, as the common people say, it burdens the questioner and makes it difficult for him if he wants to rule that the triple divorce is a single one, so that people do not become lax. And when the Messenger (peace and blessings be upon him) heard a man divorce his wife three times, he said: Sunan an-Nasa'i 3401Sahih (Darussalam) And this is a severe statement. Yes.
