Divorce during menstruation and divorce during a period of purity in which he had intercourse with her.
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The Shaykh : If he divorces her during menstruation, it is not a divorce for the waiting period; it is a forbidden divorce, which the jurists call an innovative divorce. Although it is not a category of worship, but rather a category of practical matters other than worship, the jurists (may Allah have mercy on them) called it innovative because Allah and His Messenger did not permit it. Now, if he divorces her during a period of purity in which he had intercourse with her, the divorce is forbidden and innovative, and it is not for the waiting period. How can it be not for the waiting period?
Because if he has intercourse with her and then divorces her, we do not know whether she is pregnant or not. If she is pregnant, her waiting period is the delivery of the child. If she is not pregnant, her waiting period is three menstrual cycles. We are now in a state of uncertainty: it is possible that she became pregnant from this intercourse, in which case her waiting period would be that of a pregnant woman; and it is possible that she did not become pregnant, in which case her waiting period would be that of a menstruating woman. So his divorce of her is not for a certain waiting period. This is why it became forbidden. As for the menstruating woman, it is apparent that he divorced her not for the waiting period, because the menstrual cycle in which the divorce occurred is not counted for her, so he has not divorced her for the waiting period.
Because if he has intercourse with her and then divorces her, we do not know whether she is pregnant or not. If she is pregnant, her waiting period is the delivery of the child. If she is not pregnant, her waiting period is three menstrual cycles. We are now in a state of uncertainty: it is possible that she became pregnant from this intercourse, in which case her waiting period would be that of a pregnant woman; and it is possible that she did not become pregnant, in which case her waiting period would be that of a menstruating woman. So his divorce of her is not for a certain waiting period. This is why it became forbidden. As for the menstruating woman, it is apparent that he divorced her not for the waiting period, because the menstrual cycle in which the divorce occurred is not counted for her, so he has not divorced her for the waiting period.