Discussion on the occurrence of the divorce of a menstruating woman

The Shaykh : Regarding this type of divorce, the divorce of a menstruating woman: when a man divorces his wife while she is menstruating, the scholars have differed since ancient times regarding whether this type of divorce takes effect. The majority of scholars, including the four Imams, hold that the divorce of a menstruating woman takes effect. A small number of scholars, such as Ibn Taymiyyah and Ibn al-Qayyim, do not hold that the divorce of a menstruating woman takes effect. Their clear evidence for this is that it is an innovated divorce, meaning it contradicts the Sunnah. It is true that the divorce of a menstruating woman is an innovated divorce that contradicts the Sunnah; there is no doubt about this, it contradicts the Sunnah. But whether it takes effect or does not take effect is another matter. The answer to this can be understood either from the general rule or from what necessitates the researcher to exclude this type of divorce from the rule, saying: Yes, the divorce of a menstruating woman is an innovated divorce, but it takes effect due to specific evidence. The specific evidence is the story of Abdullah ibn Umar ibn al-Khattab (may Allah be pleased with him). It is mentioned in "Sahih al-Bukhari" When Ibn Umar himself was asked if it was counted against him, he answered affirmatively. There is a long and extensive discussion from the hadith perspective between Ibn Taymiyyah and Ibn al-Qayyim al-Jawziyyah on one side, and the majority who oppose them on the other side. I expanded greatly in preferring the view that the divorce of a menstruating woman takes effect, relying on this story, and I answered the arguments Ibn Taymiyyah kept repeating, even though from the hadith perspective they are not authentic, and even if they were authentic, from the jurisprudential perspective they would not be a valid argument. The point is...
Yes.