The Ruling on Divorcing a Menstruating Woman and a Pregnant Woman

This is a letter that reached us from Sudan from (Al-Sadiq M. A). He says in his letter: We learned from what has come before in this program that divorce does not take effect for a menstruating woman or a pregnant woman. Does it not take effect at all, or does it take effect after she becomes pure? Please inform us, may Allah reward you.
Answer: Divorcing a menstruating woman does not take effect according to the most correct of the two opinions of the scholars, contrary to the opinion of the majority. The majority of the scholars of knowledge consider it to take effect; they consider that divorcing a menstruating woman takes effect, and that divorcing a woman in post-natal bleeding takes effect. However, the correct of the two opinions of the scholars, which some of the Tabi'un issued a ruling on, and which Ibn 'Umar (may Allah be pleased with him and his father) issued a ruling on, and which the Shaykh al-Islam Ibn Taymiyyah and his student the scholar Ibn al-Qayyim selected, along with a group of scholars: this divorce does not take effect; because it is contrary to the Shari'ah of Allah; because Allah prescribed that a woman be divorced in a state of purity from post-natal bleeding and menstruation, and in a state where her husband has not had intercourse with her. This is the lawful divorce. If he divorces her during menstruation or post-natal bleeding, or in a state of purity where he had intercourse with her, then this divorce is a religious innovation and does not take effect according to the most correct of the two opinions of the scholars; due to the saying of Allah, Glorified and Exalted is He: [Al-Talaq:1], and the meaning is: pure women without intercourse. This is what the scholars said regarding the waiting period for their divorce, that they should be pure without intercourse or pregnant. This is the divorce for the waiting period.
As for divorcing a pregnant woman, it does take effect. Divorcing a pregnant woman takes effect according to the scholars of knowledge. Whoever says that it does not take effect has erred. Divorcing a pregnant woman takes effect according to the scholars of knowledge. What does not take effect is only the divorce of a menstruating woman and a woman in post-natal bleeding. Likewise, a woman in a state of purity who is not pregnant, if her husband had intercourse with her during that purity and her pregnancy has not been established, this does not take effect according to the most correct of the two opinions of the scholars; because it is contrary to the Shari'ah of Allah; and because it is in a state where Allah has not prescribed divorce, as mentioned before. Some of the common people are mistaken and say that divorcing a pregnant woman does not take effect. This is an error. This is from the sayings of the common people; it has no basis in the Shari'ah, and it has no basis in the words of the scholars. Divorce takes effect for a pregnant woman. It should be understood that way. Yes.
The presenter: May Allah reward you with good.