The Ruling on Divorcing a Woman During Menstruation

Question:
The questioner asks in this question: Regarding the divorce of a menstruating woman, does it take effect? And is it a religious innovation?

Answer:
Yes, divorcing a menstruating woman is a religious innovation, and it does not take effect if both spouses acknowledge it, provided that he knew when he divorced her that she was menstruating; it does not take effect according to the correct view. This is because it is established from the Prophet (peace and blessings be upon him), in the hadith of Ibn 'Umar, that he rebuked him when he divorced her and ordered him to take her back. Then, when she becomes pure, he should either keep her or divorce her. He should wait until she becomes pure and then menstruates again, and then he should either divorce her or keep her.
So, the conclusion is that divorcing a menstruating woman is not permissible, and the correct view is that it does not take effect either. This is the correct view, contrary to the majority. However, the husband must know this. If he divorced her while not knowing that she was menstruating, the divorce takes effect, even if she says that she was menstruating; her word alone is not accepted. He must know that she was menstruating at the time of the divorce, meaning: he must know that before he divorces her. As for him knowing after he divorced her, based on her statement, that is not sufficient. If he divorced her while knowing that she was menstruating, he has committed a sin, and the divorce does not take effect.

The presenter: May Allah reward you with good.