IS IT PERMISSIBLE TO GIVE TALAAQ TO A LADY DURING HER MENSUS?

THE ANSWER (1): It is Haraam (forbidden) to divorce a wife while she is in a state of menstruation. However, the divorce will be valid and the person who has uttered the divorce will be a sinner.

By divorcing the wife while she is in a state of menstruation, the husband is sinful, but the divorce will be valid.

It is mentioned in Al Binaayah Fee Sharhil Hidaayah:

Translation: When a man divorces his wife while she is in a state of menstruation, the divorce has taken place (i.e. it is applicable). According to the consensus of jurists the person responsible for uttering the divorce will be sinful. (Al Binaayah Fee Sharhil Hidaayah volume 5 page 17/ Darul Fikr)

Sayyidi Huzoor Ala Hazrat Radi Allahu Anhu writes in Fataawa Razawiyyah Shareef: It is forbidden (Haraam) to divorce the wife in a during her menstrual cycle, based on the commandment of Allah Almighty:

Translation: So divorce them (when they are in the state of purity, with one divorce) at the (start of) their prescribed period. (Kanzul Imaan/ Surah Talaaq Verse 1). If he (the husband) gives divorce, the divorce will definitely occur, and this person will be a sinner. (Fataawa Razawiyyah Shareef Volume 12 page 332 / Raza Foundation Lahore)

(2) If the husband divorces the wife while she is menstruating, then in such a case, this menstruation period (Haidh) will not be counted in Iddat. After this, the Iddat will be completed after three full menstrual cycles has ended. It should be noted that, it is not permissible to give divorce (Talaaq) in such a situation, as mentioned above. It is in Fataawa Hindiyah:

Translation: When a man divorces his wife while she is menstruating, it is necessary for the woman to complete an iddat period of three menstrual cycles, and this period (in which the divorce was issued) will not be counted in iddat, just as it is stated in Zaheeriyah. (Fataawa Hindiyah Volume 1 page 553/ Chapter of Talaaq/Baabul iddat/Darul Kutbul Ilmiyyah Beirut)

It is stated in Bahaar e Shariat: "If a divorce is given in the state of menstruation, then this period should not be counted in the iddat, thereafter, the iddat will be completed at the end of three full menstrual cycles". (Bahaar e Shariat part 8 page 123/Qadri Kitaab Ghar Bareilly shareef).