Question Summary:
Can a woman get talaq in menstruation period?

Question Detail:

My husband divorced me by saying "I give you talak- talak, talak, talak"
There were 3 to there women present
I was on my menstruation period at the time. 
Since then me and my husband have been feeling very foolish and regretful and desperately want each other back.my family asked him to leave immediately and said we were Haram for each other. They also said that to be able to make each other halal the only way is nikah halala. 
I provoked my husband to give me the divorce as I angered him with my words and insulted him to a very high extent. I have an anger problem where I scream like a lunatic when I feel wound up.
Please help me understand the following...
The Bukhari hadith which stated that Ibn umar divorced his wife whilst she was menstruating and the Prophet (saw) told him to take her back till her next menstruation and then decide whether to keep her or leave her..
Secondly the first ayah of surah talak's stating the prescribed/correct times of divorcing the women.
Thirdly the ayah in surah baqarah which states that if he then divorces her then she is Haraam for him until she marries another...
Reading all 3 is causing confusion and doubt on the validity of the talak.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
One should not issue divorce to his wife during menses. However, if divorce is issued during menses, it will be valid.[1] When Hadhrat Ibn Umar [Radhiallahu Anhu] issued his wife a divorce during menses and Rasulullah Sallallahu Alaihi Wa-Sallam ordered him to take his wife back. The narrator of the hadith, Hadhrat Abi Ghallab Yunus bin Jubair [Radhiallahu Anhu] asked  Hadhrat Ibn 'Umar [Radhiallahu Anhu] if the divorce issued during menses was counted. This is what Hadhrat Ibn 'Umar [Radhiallahu Anhu] replied:[2]
أَرَأَيْتَ إِنْ عَجَزَ وَاسْتَحْمَق
Translation:
"If one becomes helpless and foolish
[Sahih Al-Bukhari 7/42 Darul-Tawqun Najaat]
Moulana Khalil Ahmad Saharanpuri [Rahmatullahi Alaih] writes the commentary of these words of the hadith as follows:
 
 (ان عجز) أي ابن عمر، أو المطلق عن أداء ما كان يجب عليه (و استحق؟!) أي فعل فعل الحمقاء بارتكاب ما هو خلاف الشرع من الطلاق في الحيض، فهو استفهام إنكار، أي نعم يحتسب طلاقه، و لا يمتنع احتسابه لعجز و حمقه، و قيل: ان عجز عن الرجعة، بانه لم يراجعها و استحمق أي فعل فعل الجاهلية، بان ابي عن الرجعة فلا عجز، و الله تعالي اعلم
بذل المجهود في حل سنن ابي داود 146/8
الناشر دار البشار الاسلاميه
 
Translation:
If one becomes helpless [Ibn Umar or the one giving a divorce, in fulfilling what is compulsory upon him] and foolish [did the act of foolishness in going against Shariah in issuing divorce in menses. Will he be excused? Of course not. The divorce will be issued. His helplessness and foolishness will not stop divorce from been issued. “Or if one becomes helpless [from taking his wife back, because he can’t take her back] and foolish [did an act of ignorant people by refusing to take back his wife. Therefore, he is not helpless]
Furthermore, Hadhrat Ibn 'Umar [Radhiallahu Anhu] himself used to issue fatwa that divorce during menses is valid.
Refer to the following hadith:[3]
كَانَ ابْنُ عُمَرَ، إِذَا سُئِلَ عَنِ الرَّجُلِ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ، فَيَقُولُ: أَمَّا إِنْ طَلَّقَهَا وَاحِدَةً أَوِ اثْنَتَيْنِ فَإِنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ «أَمَرَهُ أَنْ يُرَاجِعَهَا ثُمَّ يُمْسِكَهَا حَتَّى تَحِيضَ حَيْضَةً أُخْرَى ثُمَّ تَطْهُرَ، ثُمَّ يُطَلِّقَهَا قَبْلَ أَنْ يَمَسَّهَا، وَأَمَّا إِنْ طَلَّقَهَا ثَلَاثًا، فَقَدْ عَصَيْتَ اللَّهَ فِيمَا أَمَرَكَ بِهِ مِنْ طَلَاقِ امْرَأَتِكَ، وَبَانَتْ مِنْكَ امْرَأَتُكَ
Translation:
When Hadhrat Ibn 'Umar [Radhiallahu Anhu] was asked about a man who divorced his wife when she was menstruating, he would say: “If it is the first or second divorce, the Messenger of Allah would tell him to take her back and keep her until she has menstruated again and purified herself, then divorce her before having intercourse with her. But if it was three simultaneous divorces, then you have disobeyed Allah with regard to the way in which divorce should be conducted and your wife has become irrevocably divorced." [Sunan-Nasai 6/213 Maktaba Islamiyyah]
You have referred to verses of the Quraan in support of with that divorce in menses is not valid. All the Muhadditheen [scholars of hadith] and Fuqaha [jurists] who were all experts in Tafseer [commentary of Quraan] are unanimous that divorce issued during menses is valid.
We understand your desperation in wanting to save your marriage. Unfortunately, the interpretation presented by you is incorrect.
And Allah Ta’āla Knows Best
Ridwaan Ibn Khalid Esmail [Kasak
Student Darul Iftaa
Katete, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.