Does a divorce issued four days after intercourse take effect, given that menstruation began one week after the divorce, and that this is the third divorce?

Divorce is of two types: Sunnah (definition) (permissible according to the Sunnah) and Bid'ah (innovative and impermissible). Sunnah divorce is a single pronouncement of divorce during a period of purity (Tuhr) in which no sexual intercourse has occurred. Bid'ah divorce is when this condition is violated, such as divorcing a menstruating woman or divorcing her during a period of purity in which sexual intercourse has occurred. The divorce that took place is a Bid'ah divorce.

Scholars have differed regarding its validity: The majority of scholars believe it is valid and takes effect. They cite as evidence that the Prophet, peace and blessings be upon him, did not tell Ibn Umar that his divorce was invalid when he divorced his wife while she was menstruating, nor did he inquire about the circumstances of the divorce from those who sought his fatwa (definition).

Ibn Hazm, Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baz, and Ibn Uthaymeen disagreed, holding the view that such a divorce does not take effect because it contravenes the Sharia (definition). They base their argument on the Almighty's saying: "So divorce them for [the commencement of] their waiting period" (Quran 65:1).

The preponderant view is that of the majority, who affirm the validity of such a divorce. The questioner should consult the Sharia court.