Divorce During Menstruation

Divorce during menstruation is sinful and against the Sunnah, but it is valid according to all four Sunni schools of law, including the Ḥanbalī madhhab.

• Explanation: It is not allowed to issue a ṭalāq to a woman while she is menstruating.
• Evidence:
  • The Prophet Muhammad (ﷺ) was informed that Ibn ʿUmar divorced his wife during her menstruation. The Prophet became upset and said: “Command him to take her back and keep her until she becomes pure (from menstruation), then menstruates again and becomes pure again. Then, if he wishes, he may divorce her while she is pure and not approached (for intercourse).”
    — Sahih al-Bukhari & Sahih Muslim
• Reason: During menstruation, emotional and physical changes may impair judgment, and the ʿiddah (waiting period) cannot begin properly.
• Note: Though it is sinful, if such a divorce is pronounced, it still counts according to the majority of scholars (Ḥanafīs, Mālikīs, Shāfiʿīs, Hanbali), but the person is accountable for doing so improperly. The narration of Ibn ʿUmar shows the Prophet (ﷺ) ordered him to revoke the divorce but did not declare it invalid.

✅ Is Ṭalāq during menses valid?

Yes, all four Sunni madhāhib — Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī — agree that:

Divorcing a woman during her menses is sinful and against the Sunnah, but it is still valid and counts as one ṭalāq.

This is the jumhūr (majority) view and is also the correct Ḥanbalī position as clarified in:

• Manrus al-Sabeel Sharh al-Dalil (Hanbali manual)
• Al-Mughni by Ibn Qudāmah – who explicitly states that although this form of divorce is innovative (ṭalāq bidʿī), it is still effective.

Why is there confusion?

Some contemporary preachers (and a minority of scholars in later generations) argue that ṭalāq during menses should be invalid, based on qiyās (analogy) and the Prophet’s disapproval. But this is a minority opinion not held by the classical Hanbali school.

In fact, Ibn Taymiyyah and Ibn al-Qayyim did lean toward invalidity of ṭalāq during menses based on reasoning (not textual evidence). However, this was considered a shādh (irregular) opinion and not the official view of the Ḥanbalī madhhab.

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