The occurrence of divorce in a state of anger and the method of taking back the wife
Machine translationRead the Arabic original
The questioner:
He says: I divorced my wife with one pronouncement of divorce, and she is in the waiting period. Does the divorce take effect? I was angry at the time.
The Shaykh:
What Allah willed. The majority of scholars hold that the divorce takes effect, even if the person is menstruating or in a state of anger, unless the anger was such that it removed his awareness. If the anger reached a stage where it removed his awareness and he did not know what he was saying, then the divorce does not take effect. This is a divorce that is invalid. However, if he retained some awareness of what he was saying, then his divorce takes effect, even if he was angry. Yes.
The questioner:
He says: What is required of me in this case, and what is the method of taking her back?
The Shaykh:
If it was a single pronouncement of divorce and nothing preceded it to complete it to three, and she is still in the waiting period, then he can take her back, unless this pronouncement was for compensation. That is, if she took compensation from him, saying, "Give me this and divorce me," and he divorced her with one pronouncement, then this is invalid and there is no taking back except with a new contract, unless this pronouncement was not the third of three. Yes.
He says: I divorced my wife with one pronouncement of divorce, and she is in the waiting period. Does the divorce take effect? I was angry at the time.
The Shaykh:
What Allah willed. The majority of scholars hold that the divorce takes effect, even if the person is menstruating or in a state of anger, unless the anger was such that it removed his awareness. If the anger reached a stage where it removed his awareness and he did not know what he was saying, then the divorce does not take effect. This is a divorce that is invalid. However, if he retained some awareness of what he was saying, then his divorce takes effect, even if he was angry. Yes.
The questioner:
He says: What is required of me in this case, and what is the method of taking her back?
The Shaykh:
If it was a single pronouncement of divorce and nothing preceded it to complete it to three, and she is still in the waiting period, then he can take her back, unless this pronouncement was for compensation. That is, if she took compensation from him, saying, "Give me this and divorce me," and he divorced her with one pronouncement, then this is invalid and there is no taking back except with a new contract, unless this pronouncement was not the third of three. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 14/5 شرح العقيدة الطحاوية/ صالح الفوزان — youtube.com (1:14:59)
The Arabic text is a machine transcription of the audio recording.