The Ruling on Divorce Pronounced in Anger
Machine translationRead the Arabic original
Question:
May Allah reward you. This questioner asks about the divorce of an angry man: does it take effect if the anger is severe?
Answer:
Anger has three states. The first state is that it is ordinary. Sometimes it is a feeling and sometimes it is awareness, and he knows what he is saying. In this case, it takes effect without disagreement. Who is free from anger? But the discussion is about whether his feeling and awareness are present.
They said, “Yes, it exists and he is aware; this takes place by scholarly consensus. The second case is when his awareness is lost and he does not know what he is saying due to the intensity of his anger; in this case, the divorce does not take place by scholarly consensus, because in this state he does not know what he is saying. He is like one in a state of unconsciousness or like a madman who has no reason; this does not take place, and the divorce is not valid by scholarly consensus.”
The third case is when the anger is in between: between the anger that removes awareness and the anger that does not remove awareness. This is a matter of scholarly disagreement among the scholars. Some hold that it takes place because he has some level of awareness, while others hold that it does not take place because he is angry, and an angry person sometimes acts in a way he does not intend. There is disagreement on this issue, and the school of thought holds that it takes place. If he has his awareness, even if the anger is severe, as long as the awareness is not removed, it takes place. This is the school of thought. Yes.
May Allah reward you. This questioner asks about the divorce of an angry man: does it take effect if the anger is severe?
Answer:
Anger has three states. The first state is that it is ordinary. Sometimes it is a feeling and sometimes it is awareness, and he knows what he is saying. In this case, it takes effect without disagreement. Who is free from anger? But the discussion is about whether his feeling and awareness are present.
They said, “Yes, it exists and he is aware; this takes place by scholarly consensus. The second case is when his awareness is lost and he does not know what he is saying due to the intensity of his anger; in this case, the divorce does not take place by scholarly consensus, because in this state he does not know what he is saying. He is like one in a state of unconsciousness or like a madman who has no reason; this does not take place, and the divorce is not valid by scholarly consensus.”
The third case is when the anger is in between: between the anger that removes awareness and the anger that does not remove awareness. This is a matter of scholarly disagreement among the scholars. Some hold that it takes place because he has some level of awareness, while others hold that it does not take place because he is angry, and an angry person sometimes acts in a way he does not intend. There is disagreement on this issue, and the school of thought holds that it takes place. If he has his awareness, even if the anger is severe, as long as the awareness is not removed, it takes place. This is the school of thought. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/119 شرح زاد المستقنع/ صالح الفوزان — youtube.com (38:16)
The Arabic text is a machine transcription of the audio recording.
