Is it permissible for a man to divorce his wife while she is menstruating, and does the divorce take effect or not?

The questioner : Is it permissible for a man to divorce his wife during her menstrual period, and does the divorce take effect or not?

The Shaykh : It is not permissible for a man to divorce his wife during menstruation, due to the saying of Allah the Exalted: to the end of the verse. Divorce for the waiting period is that he divorces her while she is in a state of purity without having had intercourse with her, or while she is pregnant and her pregnancy is evident. These two states are the ones in which divorce is permissible: when her pregnancy is evident, and when she is in a state of purity without having had intercourse. As for the menstruating woman, divorcing her is forbidden, because it is a disobedience to Allah (Mighty and Majestic), due to His saying: . Also, when it was mentioned to the Prophet (peace and blessings be upon him) that Ibn 'Umar had divorced his wife while she was menstruating, he was displeased with it. If the divorce occurs while the woman is menstruating, the majority of scholars hold that the divorce takes effect and is counted as a divorce, but they recommend that he take her back, or order him to take her back, because the Prophet (peace and blessings be upon him) ordered Abdullah ibn 'Umar to take back his wife when he divorced her while she was menstruating. Some scholars hold that divorce during menstruation is forbidden and does not take effect, because the legal principle is that what is prohibited cannot be executed or validated, as executing and validating it would be a violation of the prohibition. The prohibition implies that it should not be considered and should not be something recognized by the Shari'ah, for the prohibition and the recognition of the thing cannot coexist. How can the Lawgiver prohibit something and then recognize it? This is contrary to wisdom. This is the view of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), who said: "The divorce of a menstruating woman does not take effect and is not counted as a divorce for him." If a person reflects on the texts that have come regarding this matter, and reflects on the legal causes and rulings, it becomes clear to him that this opinion is the stronger one. And Allah knows best.

The questioner : Yes, may Allah bless you.