"The counsel that to the extent possible one should not divorce a woman during her menses again has nothing to do with protecting her interests. The reason is the same one on account of which the divorced woman is prohibited from remarrying until she has completed three menstruations: the object is to preclude subsequent disputes about the paternity of a child that may be born later on. This becomes evident from considering the attitude of the jurists in the case of girls who are too young to bear children and to that of women who are too old to do so. Do the jurists require that the husband pause and reconsider? Here is the answer in Durr-ul-Mukhtar: And it is valid to divorce them, that is a woman whose menstruation has stopped on account of old age, and a minor girl, and a pregnant woman, soon after having sexual enjoyment (with them), because the prohibition (against repudiation soon after having sexual enjoyment) in case of wives subject to menstruation is due to the suspicion (or possibility) of the wife being pregnant, but this is impossible here (that is in the case of wives who are too old or too young)"
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quoted in Arun Shourie - The World of Fatwas Or The Sharia in Action (2012, Harper Collins)
https://en.wikiquote.org/wiki/Radd_al-Muhtar
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Radd al-Muhtar
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