It is forbidden for a man to divorce his wife while she is in a state of menstruation since Allah says: "O Prophet! When you divorce women, divorce them at their Iddah (prescribed periods)..." (Holy Qur'an 65:1)
It means that they should be divorced while they are in the state with which they can receive a recognized period - Iddah (a period during which a divorced may not remarry). This will be achieved if the woman is divorced while she is pregnant or in a state of cleanliness in which no intercourse has occurred.
This is because if she has been divorced during the period of menstruation then she will not receive Iddah (period of waiting). The reason is that the period of menstruation in which she has been divorced will not be calculated inclusive of the period of waiting.
For the other part, if she has been divorced while she is clean after an intercourse has been made, the received period of waiting will be unknown. This is because nobody can predict if she will become pregnant due to such intercourse or not. If she gets pregnant then her period of waiting would eventually be of a pregnancy type and if she is not pregnant, then her period of waiting would be built on stopping the blood of menstruation and becoming clean. Since there is no available certainty regarding the type of period of waiting, it is forbidden for the husband to divorce till he is certain of the woman's condition.
Considering what has already been mentioned, divorce of the woman while she is in a state of menstruation is prohibited due to the previously cited Qur'anic verse.
Also, it has been narrated in the Sahihain and others in the tradition of Ibn Umar which states: He divorced his wife while she was in menstruation. Umar told the Prophet ( ) of that. The Prophet (SAWS) got angry (furious) at him and said: "Order him to return to her and to keep her till she gets clean, then gets menstruated then once again gets clean. Thereafter he has the option either to hold her and to abstain from it or to divorce her before he touches her. This is the period of waiting which Allah ordained to keep in consideration when women are divorced." (Agreed upon)
Hence, if a man divorced his wife while in menstruation, he would be sinful (guilty), he should turn to Allah in repentance and return her to his matrimonial authority (over his wife) so that he may divorce her lawfully later on in compatibility with Allah and His Messenger's ordinances.
He has to leave her after being returned, until she becomes clean of the menstruation period in which he divorced her, and until she reaches that state again. Then when she becomes clean, it is up to him either to keep her - if it was not the third divorce - or to divorce her before having intercourse with her.
However, the following two issues do not apply to the prohibition of divorce during the period of menstruation:
The first - If divorce took place before touching or being alone with her, there is no objection in divorcing her while she is menstruating, because she is not entitled to receive a period of waiting. Then, her divorce will not be a violation of Allah's Statement: "...divorce them at their 'Iddah ( prescribed periods)..."
The second - If divorce was in return for a compensation; then, it does not matter if the man divorces his wife while she is menstruating. Sometimes this happens when permanent conflicts and quarrels arise between the couple and social relations between them are hindered causing intimacy to cease. In this event, the husband can divorce at the insistence of the wife who must pay a compensation even if she is in a state of menstruation.
In this regard it is narrated by the tradition of Ibn 'Abbas: The wife of Thaibit bin Qais bin Shammas came to the Prophet (SAWS) and said, "O Prophet of Allah, I'm not blaming (censuring) him for his bad character or religion (faith), but I hate disbelief (infidelity) in Islam." The Prophet (SAWS) replied, "Do you give him back his garden (orchard)." She said, "Yes." The Prophet (SAWS) reiterated: "O Thabit, accept the garden and discharge her by only one divorce." (Al-Bukhari)
We see the Prophet (SAWS) did not ask if she was menstruating or clean. This is because the divorce is an opportunity for the wife to redeem herself. Therefore, it is admissible when the desire arises to reinstate the marriage.
It has been said in "Al-Mughni" under the title of "Giving an account for the permission (authorization) of divorcing the wife who pays compensation even if she is in a state of menstruation" that it is because banning divorce during the period of menstruation avoids the harm which will afflict her due to the length of the Iddah (period of waiting) while divorce at the insistence (proposal) of the wife who offered to pay a compensation for the removal (avoidance) of such harm which will be a burden on her by the unintimate society and living with a husband whom she hated and detests which is greater than the harm of the lengthy period of waiting. So, it is permissible to remove (clear) the greater difficulty as opposed to the lesser one. Therefore, the Prophet (SAWS) did not ask the redeeming wife (who wanted to dispose of herself in return for paying a compensation) about her state.
[Summarized from: "Menstruation and Postpartum Condition" By: Abdul Rahman Abdullah]
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