He divorced his wife after the end of the forty-day postpartum period; does this divorce count as such?

Question

Praise be to Allah.

The maximum length for nifaas (post-partum bleeding)
according to the majority of scholars (may Allah have mercy on them) is
forty days. Anything more than forty days is not regarded as nifaas; rather
it is irregular bleeding that does not prevent a woman from praying, fasting
and having intercourse, unless that happens at the time when she would
ordinarily menstruate, in which case she is not allowed to pray, fast or
have intercourse because of the menses, not because of the nifaas.

Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni
(1/210): If the bleeding of nifaas lasts for more than forty days, and
coincides with the usual time of the monthly period, then it is menses; if
it does not coincide with that time, then it is istihaadah (irregular
bleeding). Ahmad said: If the bleeding continues, then if it is during the
days of her usual menses, she should refrain from praying and her husband
should not have intercourse with her. Otherwise, she is like one who
experiences istihaadah (irregular bleeding); her husband may have
intercourse with her, and she should do wudoo’ for every prayer, and she
should fast and pray if Ramadan comes, and she should not break the fast and
make it up later. End quote.

It says in Fataawa al-Lajnah ad-Daa’imah (vol 2,
4/221): With regard to nifaas (postpartum bleeding) when forty days have
ended, she comes under the ruling of women who are in a state of purity, and
she must do ghusl and start praying and fasting, and she is permissible for
her husband. Whatever she sees of blood after forty days is to be regarded
as irregular bleeding that does not come under the rulings on menses or
nifaas, unless that coincides with the time of her period, in which case she
should refrain from praying and fasting for the usual days of her period. If
the woman in nifaas sees the tuhr (sign of purity, white discharge
signalling the end of bleeding) before forty days, then she should do ghusl,
and pray and fast, and she is permissible for her husband. Then if the
bleeding resumes before the end of forty days, she should stop praying and
fasting until she becomes pure and completes the forty days. End quote.

In the answer to questions no. 10488
and 128877 we stated that this is the view of the
majority of scholars.

Based on that, if a man divorces his wife after the end of
forty days, then the basic principle is that it is a talaaq and counts as
such, unless that talaaq coincided with the time of her period, in which
case it is a divorce issued at the time of menstruation, and there is a
difference of scholarly opinion as to whether a divorce issued to a woman
who is menstruating – and also one who is bleeding following childbirth
during the nifaas period – counts as such. Previously on our website we have
favoured the view that a divorce issued to a menstruating woman does not
count as such, as explained in the answer to question no.
72417

And Allah knows best.