He heard Abdullah bin Abdul-Rahman bin Ayman, the freed slave of Azzah, asking Ibn Umar, while Abu Zubayr was listening, "What do you say about a man who divorces his wife while she is menstruating?"Ibn Umar replied, "Ibn Umar divorced his wife while she was menstruating during the time of the Messenger of Allah ﷺ. So Umar asked the Messenger of Allah ﷺ about it, saying, 'Abdullah bin Umar has divorced his wife while she was menstruating.' The Messenger of Allah ﷺ said to him, 'Let him take her back.' So he returned her to him, and he said, 'When she becomes pure, let him either divorce her or keep her.'"Ibn Umar said, "The Prophet ﷺ recited, "Prophet, when you divorce women, divorce them for their prescribed waiting period" [Talaq 65:1]."
أنه سمع عبد الله بن عبد الرحمن بن أيمن مولى عزة يسأل ابن عمر- وأبو الزبير يسمع ذلك-: كيف ترى في رجل طلق امرأته حائضا؟ فقال: طلق ابن عمر امرأته وهي حائض على عهد رسول الله ﷺ فسأل عمر رسول الله ﷺ فقال: إن عبد الله بن عمر طلق امرأته وهي حائض، فقال له رسول الله ﷺ: ليراجعها فردها وقال: إذا طهرت فليطلق أو ليمسك قال ابن عمر: وقرأ النبي ﷺ: {يأيها النبي إذا طلقتم النساء فطلقوهن لعدتهن} [الطلاق: ١].
Muslim narrated it in the Book of Divorce (14:1471) from Harun bin Abdullah, "Hajjaj bin Muhammad related to us, he said, Ibn Jurayj said, Abu Zubayr informed me," and he related it. Then Muslim narrated it through the route of Abdul-Razzaq, and it is in his Musannaf (10960), "Ibn Jurayj informed us, Abu Zubayr informed me that he heard Abdul-Rahman bin Ayman (the freedman of Urwa) asking Ibn Umar, while Abu Zubayr was listening," similar to the hadith of Hajjaj, with some additions. Muslim did not point out this addition, which reads as follows in the Musannaf of Abdul-Razzaq, "so he returned her and did not consider it anything." Imam Ahmad likewise narrated it (5524) from Rawh, from Ibn Jurayj, with this same addition. Muslim's omission of this addition is a criticism on his part, and it appears that there was a disagreement over Abu Zubayr regarding this addition. Hajjaj bin Muhammad narrated it from Ibn Jurayj, from him, without this addition, while Abdul-Razzaq narrated it from Ibn Jurayj, from him, with this addition, and Rawh bin Ubada followed him in this as recorded by Imam Ahmad.The scholars criticized Abu Zubayr for this addition. Among them is Abu Dawud (2185), who, after bringing out the hadith through the route of Abdul-Razzaq with its wording, said, "This hadith was narrated from Ibn Umar by Yunus bin Jubayr, Anas bin Sirin, Saeed bin Jubayr, Zayd bin Aslam, Abu Zubayr, and Mansur from Abu Waail, and their meaning is all that the Prophet ﷺ commanded him to take her back until she became pure, and then if he wished he could divorce her, and if he wished he could keep her. Muhammad bin Abdul-Rahman likewise narrated it from Salim from Ibn Umar. As for the narration of Zuhri from Salim and Nafi, from Ibn Umar, it states that the Prophet ﷺ commanded him to take her back until she became pure, then had her period, then became pure again, and then if he wished he could divorce her, and if he wished he could keep her. It was also narrated from Ata Khurasani, from Hasan, from Ibn Umar, similar to the narration of Nafi and Zuhri. All the hadiths contradict what Abu Zubayr said." End of quote.Khattabi said, "The people of knowledge said, Abu Zubayr never narrated a hadith more objectionable than this one." Ibn Abdul-Barr likewise said that his statement, "and did not consider it anything," is objectionable, and that no one said it besides Abu Zubayr, and he is not an authority when someone like him contradicts him, let alone someone more firmly established than him.However, Abu Bishr also narrated from Saeed bin Jubayr, from Ibn Umar, something that conveys the same meaning, namely that Ibn Umar divorced his wife while she was menstruating, and the Messenger of Allah ﷺ made him take her back until he divorced her while she was pure. Nasai narrated it (3398) from Ziyad bin Ayub, who said, "Hushaym related to us, he said, Abu Bishr informed us," and he related it. This wording could carry the meaning of "he did not consider it anything," just as it could carry the meaning of taking her back, as in the rest of the narrations.Some scholars have gone toward interpreting the hadith of Abu Zubayr so that it agrees with the rest of the narrations. Furthermore, in his statement, "so when she becomes pure, let him divorce her or keep her," meaning that he divorces her in the first period of purity, this may be an abridgment by some of the narrators, and it has also come in an unspecified form, which is the third wording. The third version is unspecified, namely that he divorced his wife while she was menstruating, and he was commanded to take her back, as in the narration that follows.