Ruling on a divorce that was issued before consummation when the wife was menstruating

Question

Praise be to Allah.

Firstly:

It is permissible for a man to divorce his wife with whom he
has not consummated the marriage when she was menstruating, because she will
not be harmed by this divorce as she is not obliged to observe the ‘iddah.
Allah, may He be exalted, says (interpretation of the meaning):

“O you who believe! When you marry believing women, and
then divorce them before you have sexual intercourse with them, no ‘Iddah
[divorce prescribed period] have you to count in respect of them”

[al-Ahzaab 33:49].

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The innovated divorce (talaaq al-bid‘ah) refers to number and
time, i.e., it is innovated either because it happens at a time when issuing
a divorce is haraam, or because the number is haraam. So the innovation has
to do with time, such as if he divorces a woman who is obliged to observe
the ‘iddah by counting menstrual cycles when she was menstruating; or during
a period of purity in which he had intercourse with her, and she is a woman
who menstruates and she does not appear to be pregnant. But if it becomes
clear that she is pregnant, it is permissible for him to divorce her, even
if he had intercourse with her during that period of purity. The same
applies if she is not obliged to observe the ‘iddah, such as a wife with
whom he has not consummated the marriage; if he divorces her when she is
menstruating, the divorce is valid; or if she does not menstruate, such as a
minor or an old lady, there is nothing wrong with him divorcing her.

End quote from al-Sharh al-Mumti‘, 13/13

Secondly:

If a man divorces his wife before consummating the marriage
with her, he does not have the right to take her back, because taking her
back can only be done during the ‘iddah period, and the woman who is
divorced before the marriage is consummated does not have to observe the ‘iddah.

Ibn Qudaamah said in al-Mughni (7/397):

The scholars are unanimously agreed that a woman with whom
the marriage has not been consummated becomes irrevocably divorced with one
talaaq, and the one who divorced her does not have the right to take her
back. That is because taking back can only be done during the ‘iddah, and
there is no ‘iddah before consummation of the marriage, because Allah says
(interpretation of the meaning):

“O you who believe! When you marry believing women, and
then divorce them before you have sexual intercourse with them, no ‘Iddah
[divorce prescribed period] have you to count in respect of them”

[al-Ahzaab 33:49]. End quote.

Based on this, if a man divorced his wife before consummation
of the marriage, then he wants to take her back, he has to do a new marriage
contract with her, with a new mahr.

For more information please see the answer to question no.
99597

And Allah knows best.