Is divorce valid for a menstruating woman or a woman in post-natal bleeding?

His second question: If a divorced woman was divorced by her husband while she was in her excuse (menstruation) or in a period of purity in which he had intercourse with her, is this divorce valid or not?
Answer: If a husband divorces his wife while she is menstruating, or while she is in post-natal bleeding, or in a period of purity in which he had intercourse with her, and she is not pregnant and not past childbearing age, the scholars differed on this. The majority hold that the divorce takes effect, even though it is a religious innovation and an abomination that is not permissible. This is because the Messenger of Allah (peace and blessings be upon him) said: And he (peace and blessings be upon him) said: .
The majority held that the divorce took effect, but he is commanded to take her back if the divorce was one or two revocable divorces. He should take her back and keep her, as the Prophet (peace and blessings be upon him) said: before he touches her. If he wishes, he may divorce her before touching her, and if he wishes, he may keep her. This is the well-known view among the majority of scholars. Others among the scholars held a different view, which is narrated from Tawus, Khalas ibn 'Amr, and a group of others, and it is established from Ibn 'Umar, that divorce during menstruation does not take effect. They held that the Messenger of Allah (peace and blessings be upon him) returned her to him without counting the divorce against him. Rather, Ibn 'Umar counted it as a divorce based on his own independent legal reasoning, but the Prophet (peace and blessings be upon him) did not count it against him. These scholars said: This divorce is an abominable religious innovation, so it does not take effect, based on the saying of the Prophet (peace and blessings be upon him): . This is a divorce that does not follow the command of the Prophet (peace and blessings be upon him), so it does not take effect. This is the choice of Abu al-'Abbas Ibn Taymiyyah, his student the scholar Ibn al-Qayyim (may Allah have mercy on both of them), and the choice of a group of scholars. It is more apparent in the evidence and stronger in the evidence. This is because the Messenger of Allah (peace and blessings be upon him) rebuked Ibn 'Umar and was severe with him in this matter. . If he wishes, he may divorce her before touching her, and if he wishes, he may keep her. In another wording: .
The presenter: Does this mean that the previous divorce did not take effect?
The Shaykh: Yes, this is on the basis that it did not take effect. Because pronouncing it and then returning her increases the number of divorces. Pronouncing the first divorce and then commanding him to release her again means increasing the number of divorces. The Lawgiver looks to the reduction of divorce, not its increase. So the result is that His saying: does not mean the well-known taking back (raj'ah), which is the taking back after divorce. Rather, what is intended by these scholars is that he should return her, that he should return her to his financial maintenance of her, to his bond with her, and to her being with him, until she becomes pure from the menstruation in which he divorced her, then she menstruates again, then becomes pure. After this, if he wishes, he may divorce her, and if he wishes, he may keep her. The Prophet (peace and blessings be upon him) said: . This refers to His saying, Exalted is He: [Surah al-Talaq:1]. The scholars said: The meaning of that is that they are pure without intercourse. This is the meaning of: "Divorce them during their waiting period." They are to be divorced while pure without intercourse, or in a state of pregnancy, as in the hadith of Ibn 'Umar: .
This view is more apparent in the evidence because it agrees with the hadith of Ibn 'Umar and agrees with the noble verse and what the scholars mentioned in its interpretation. Even though it is contrary to the majority, the reliance in issues is on what is closer to the evidence and what the evidence requires. Then it is more comfortable for the Muslim community and more beneficial for the Muslim community. Because many people get angry and divorce during menstruation, post-natal bleeding, or in a period of purity in which they had intercourse. If she is returned to them, it brings the family together and unites the household. Perhaps they have children, so it brings the family together with their children.
So the result and summary is: This, while being more apparent in the evidence, is more comfortable for the Muslim community. And Allah says, Exalted is He: [Surah al-Baqarah:185]. And He says, Glorious and Majestic is He: [Surah al-Hajj:78]. And the Prophet (peace and blessings be upon him) said: .
So making things easy for the Muslim community and facilitating them for them, as much as possible, is required. It is closer to the principles of the Shari'ah, which came with ease, facilitation, and mercy. And how often divorce occurs among people in a state of extreme anger, in a state of menstruation, in a state of post-natal bleeding, and in a state of purity in which they had intercourse, and then everyone regrets it. In this view, there is mercy for the Muslim community, bringing the family together, facilitating matters, and reducing separation. It is not hidden from anyone with the slightest experience of people's conditions the great evil that usually results from divorce, and the separation of children from their parents, and the loss of some children at times, and many troubles for both the father and mother and the children. And Allah is the One to be sought for help. Yes.
The presenter: May Allah reward you with good and benefit us with you.