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The question

What is meant by "review it" in Sahih al-Bukhari or other (books), and is the narration in Sunan Abi Dawud and others stronger than the narration in Sahih al-Bukhari, which considers the divorce a legal divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is a scholarly disagreement regarding the occurrence of divorce during menstruation. The majority of scholars hold that it occurs, while others argue that it does not. Those who maintain that it does not occur cite the of Ibn Umar, who divorced his wife while she was menstruating. The Prophet, peace and blessings be upon him, returned the wife to Ibn Umar and said: "When she becomes pure, he may divorce her or keep her." He did not consider it a divorce. However, it is also narrated from Ibn Umar that he did consider it a divorce.

Those who favor the view that it does not occur give precedence to the narration by Abu Dawud, which states that it was not counted as anything. They interpret the Prophet's command to Ibn Umar to "return her" as restoring her to her previous state, not as a conventional revocable return after a divorce had taken place.

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Original fatwa ID
7922
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