What is the ruling on divorce during menstruation?

Question:
The questioner asks: What is the right of a wife who requests a divorce from her husband because he wants to marry a second wife, given that she requested the divorce and agreed to relinquish even her children in the age of custody? If he says to her, “I will divorce you after Ramadan,” and he intends that, does the divorce take effect, given that it is the third divorce? And does the divorce take effect while she is menstruating?

Answer:
Divorce is a right of the husband; he has the right to divorce, it is his right, and he may divorce whenever he wishes. However, it is not befitting for the husband to use divorce except when there is a need.
When there is a need, if he needs it, he divorces. If he does not need it, Allah dislikes divorce; the most disliked of lawful things to Allah is divorce. If there is no need for divorce, it is better and more excellent for him to keep his wife. As for if he says, “I will divorce you after the festival” or after such-and-such, this is not considered a divorce, because it is a promise to divorce, not a divorce. This is until he actually divorces and utters the words, saying, “You are divorced” or “My wife is divorced.” As for if he says, “I will divorce her on such-and-such day” or on such-and-such date, this is not considered a divorce because it is merely a promise to divorce. The divorce of a menstruating woman is a matter of disagreement among scholars, and the correct view is that it takes effect. The correct view is that the divorce of a menstruating woman takes effect, because Ibn 'Umar (may Allah be pleased with him and his father) divorced his wife while she was menstruating, so the Prophet (peace and blessings be upon him) ordered him to take her back and keep her. If the divorce had not taken effect, he would not have told him to take her back, because taking back a wife only occurs from a divorce that has taken effect. This is the correct view.