and the second was a surname.
– ḥusibat ʿalayhi: a passive form; the one who counted it against him was the Prophet (peace and blessings be upon him).
- Points derived from the ḥadīth:
1 – ʿAbd Allāh b. ʿUmar (may Allah be pleased with them both) divorced his wife while she was menstruating. His father mentioned the matter to the Prophet (peace and blessings be upon him), who became angry because the divorce had been pronounced in a forbidden manner, contrary to the Sunnah. He therefore commanded him to take her back and keep her until she became pure from that menstruation, then let her menstruate once more and become pure again. After that, if he still wished to divorce her and felt no desire to keep her, he should pronounce the divorce before having intercourse with her; that is the waiting-period in which Allah has permitted divorce for those who wish to proceed. Although divorcing during menstruation is prohibited and contrary to the Sunnah, that pronouncement was nevertheless counted against him as one revocable divorce. Ibn ʿUmar obeyed the Prophet’s order and took her back.
2 – Divorcing during menstruation is forbidden; it is an innovatory form of divorce that is not sanctioned by the Law. Some narrations explicitly state that the Prophet (peace and blessings be upon him) became angry, and he is only angered by something unlawful.
3 – His command to Ibn ʿUmar to take her back proves that the divorce had taken effect, for a return (rujūʿ) is only possible after a divorce. The directive to take her back therefore implies obligation—this was the position of Abū Ḥanīfah, Aḥmad, and al-Awzāʿī. Others understood it as recommendation; this was the view of al-Shāfiʿī and one report from Aḥmad, who argued that since entering into marriage is not obligatory, maintaining it likewise cannot be obligatory.
4 – If a man divorces his wife while she is menstruating, he is ordered to take her back and keep her until she becomes pure, then menstruates again, then becomes pure.
5 – The phrase “before he touches her” is evidence that it is not permissible to divorce a wife in a period of purity during which intercourse has taken place.
6 – The wisdom behind keeping her until she becomes pure from the second menstruation is that the husband might have intercourse with her