The Ruling on Divorcing a Woman Who Is Menstruating or Has Post-Natal Bleeding

This is a message from the questioner, the engineer (Abu Muhammad . S. M.) from Tehran, Iran. He says in his message: I heard a fatwa that divorcing a woman while she is menstruating is not considered valid, but I read that Ibn Rajab al-Hanbali (may Allah have mercy on him) in *Jami' al-'Ulum wa al-Hukm* cited the scholars' discussion that Ibn 'Umar, when he divorced his wife while she was menstruating, took her back, considering that divorce to be one count. This was in his explanation of the fifth hadith from 'A'ishah (may Allah be pleased with her) in the hadith: Is Ibn Rajab's statement rejected, or is there a detailed distinction in the issue? Please give us a ruling, may Allah reward you.
Answer: The majority—O dear questioner—the majority hold that divorcing a menstruating woman is effective, and so is divorcing a woman with post-natal bleeding, and so is divorcing a woman in a period of purity in which her husband had intercourse with her. They hold that *bid'ah* divorce is forbidden but effective. This is the view of the majority, as reported by more than one scholar, such as Ibn 'Abd al-Barr and others. They argue that Ibn 'Umar divorced his wife and the Prophet (peace and blessings be upon him) ordered him to take her back while she was menstruating. They said: Since he was ordered to take her back, it indicates that the divorce took place.
Other scholars said: That is not clear. For *ruju'* (taking back) means: returning, returning her to his protection and his home. It does not necessitate the legal *ruju'*, nor does it necessitate the claim that the divorce took place. The proof is that he (peace and blessings be upon him) said: The Messenger (peace and blessings be upon him) does not order the repetition or multiplication of divorce; rather, he intended to effect the divorce that Ibn 'Umar intended. As for the first divorce, it is void because it occurred in the wrong place; it occurred in a manner other than the Shari'ah way, so it is not considered. The valid divorce is the last one, after her purity from her second menstruation, which was after the menstruation in which he divorced her. In another wording: In another wording: This indicates that the divorce pronounced during menstruation did not take place.
Ibn 'Umar was asked about this. A man asked him and said: "O Abu 'Abd al-Rahman! A man divorced his wife while she was menstruating; is it counted?" He said to him: "It is not counted." This is the same person about whom the incident occurred. Muhammad ibn 'Abd al-Salam al-Khashni narrated it with a sound chain from Ibn 'Umar that he was asked about it and said: "It does not take place." He is the one involved in the incident. Abu al-'Abbas Ibn Taymiyyah, Ibn al-Qayyim, and others mentioned this from the Shaykh, the Imam, the scholar Muhammad ibn 'Abd al-Salam al-Khashni, who narrated this with his sound chain to Ibn 'Umar. Tawus ibn Kaysan al-Yamani, one of the Companions of Ibn 'Abbas and one of the great ones, said this meaning. Khalas ibn 'Amr al-Hijri also said it. A group of scholars adopted this view because it is a divorce that did not conform to the Shari'ah, so it was not considered. And he (peace and blessings be upon him) said: Meaning: it is rejected. This divorce is not in accordance with the command of the Prophet (peace and blessings be upon him), so it is rejected. And he said to Ibn 'Umar : In a narration, he said: All of this is clear that it did not take place, and that the divorce of a woman in a period of purity in which her husband had intercourse with her, or in menstruation, or in post-natal bleeding, is not effective; because it is *bid'ah* divorce, and a divorce in the wrong place, so it does not take place. This is what Abu al-'Abbas Ibn Taymiyyah, Ibn al-Qayyim, and a group of other scholars issued as a fatwa, taking from the hadith of Ibn 'Umar himself, and from his fatwa and mercy.
As for what came in some narrations that he counted it, or that it was counted against him, this is not clear that it was by the order of the Prophet (peace and blessings be upon him). Rather, it was from his ijtihad . He counted it by his ijtihad, then it became clear to him afterwards that counting it was not effective and not appropriate; therefore, he issued a fatwa that it does not take place. Yes.
The presenter: May Allah reward you with good and may Allah bless you.
The Shaykh: As for the statement of Ibn Rajab, I have not looked into it and I do not remember it now. In any case, if Ibn Rajab said: It takes place, then he followed what the majority said. But his Shaykh Ibn al-Qayyim and his Shaykh's Shaykh Abu al-'Abbas Ibn Taymiyyah said: It does not take place. And they are more knowledgeable than Ibn Rajab and more discerning regarding the religion of Allah and more discerning regarding the Sunnah. Yes.
The presenter: May Allah reward you with good.