A man says that he left his wife for more than two years and traveled to one of the countries in search of a livelihood, but during that period he was constantly swearing oaths of divorce.
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The questioner : A man says that he left his wife for more than two years and traveled to one of the countries in search of a livelihood, but during that period he was constantly swearing oaths of divorce in all its forms, for any reason that occurred, in anger and without anger. He says, “My wife is divorced three times, and no Shafi'i or the four schools of jurisprudence can make her lawful again.”
The Shaykh : We seek refuge in Allah.
The questioner : Does his wife become lawful to him after that, and can she reside with him in his home after he returns to his country, or is it obligatory for him to separate from her? What should he do if he wants to take her back? It is known that some people say that no divorce takes place from him at all because he is in a state of anger. What is the ruling for this man? Please inform us. May Allah reward you.
The Shaykh : This man committed a great error in being hasty in swearing oaths of divorce. The Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 2679 Therefore, this man must abandon this negligence and guard his tongue. However, regarding the case that occurred with him and the repetition of this divorce and swearing by it, we ask him and say to him: Do you want your wife to be divorced if a disagreement occurs with what you desire, or do you not want this, but rather want to threaten her and restrain her? If it is the former, then she is divorced. If it is the latter, which is that you want to threaten her and restrain her, then she is not divorced, and you owe an expiation for an oath. As for the statement of some people that nothing is upon you because you are in a state of anger, this anger is looked into. Anger has three states: a high state, an initial state, and a middle state.
The questioner : Yes.
The Shaykh : The high state is that which reaches the angry person to the point where he forgets what he is doing and does not know what he is saying. In this case, his words have no ruling, neither in divorce nor in anything else.
The initial state is when he has anger but he is aware of what he is saying and controls himself. In this case, his words are considered in all circumstances. The middle state is when he is aware of what he is saying but he does not control himself, and he is compelled to say what he said. In this case, there is disagreement among the scholars. Some hold that his words are considered, and some do not hold that his words are considered. Yes.
The Shaykh : We seek refuge in Allah.
The questioner : Does his wife become lawful to him after that, and can she reside with him in his home after he returns to his country, or is it obligatory for him to separate from her? What should he do if he wants to take her back? It is known that some people say that no divorce takes place from him at all because he is in a state of anger. What is the ruling for this man? Please inform us. May Allah reward you.
The Shaykh : This man committed a great error in being hasty in swearing oaths of divorce. The Messenger of Allah (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفاً فليحلف بالله أو ليصمتThe questioner : Yes.
The Shaykh : The high state is that which reaches the angry person to the point where he forgets what he is doing and does not know what he is saying. In this case, his words have no ruling, neither in divorce nor in anything else.
The initial state is when he has anger but he is aware of what he is saying and controls himself. In this case, his words are considered in all circumstances. The middle state is when he is aware of what he is saying but he does not control himself, and he is compelled to say what he said. In this case, there is disagreement among the scholars. Some hold that his words are considered, and some do not hold that his words are considered. Yes.