The ruling on divorcing a menstruating woman and whether the divorce takes effect or not

Question:
Yes. This questioner from the Arab Republic of Egypt, Matrouh Governorate, asks about the ruling in your view on divorcing a menstruating woman: does the divorce take effect?

Answer:
Yes. The divorce takes effect in the case of menstruation, even though it is forbidden and he sins, because it is an innovated divorce in which the divorcer sins. However, it takes effect, as evidenced by the fact that Allah, 'Umar (may Allah be pleased with him)—when he divorced his wife while she was menstruating—was ordered to take her back. And taking back a wife only occurs from a divorce that has taken effect. He was ordered to take her back and keep her until she menstruates and then becomes pure, and then to divorce her if he wishes, without sexual intercourse. The fact that he was ordered to take her back is evidence that the divorce took effect.