The ruling on the occurrence of divorce and its validity during menstruation and post-natal bleeding

The questioner : He says: Two days ago I spoke about the issue of divorce during menstruation and during post-natal bleeding, and I said that it occurs, but during menstruation it is not counted, whereas during post-natal bleeding it is counted. We hope for clarification with an example, as it was confusing for him.

The Shaykh : Where is he? Raise your hand.

The questioner : Yes.

The Shaykh : Yes, it does not occur and is not counted; there is no difference. Divorce during menstruation does not occur, according to the view of Shaykh al-Islam (may Allah have mercy on him), and it is not counted. His statement is correct, but we do not issue a fatwa on this openly like this. Rather, if an incident occurs, we say so. As for post-natal bleeding, it does not harm; divorce is permissible during it and it occurs. Yes.

The questioner : Is it clear now?

The Shaykh : What? From which day does the divorce take effect? From which day does the waiting period begin? This is the reason: divorce during menstruation was permissible and effective. If a man divorces his wife during menstruation, the menstrual period in which the divorce occurred is not counted, so he has divorced her without a waiting period. As for the hadith of Ibn 'Umar, "Let him divorce her while she is in a state of purity or pregnant," the meaning of "in a state of purity" is that she is not menstruating, or that she is pregnant.

The questioner : Our book.