What is the ruling on a man who said to his wife while angry, “You are divorced three times,” then had relations with her afterward, and said, “I did not intend the divorce”?
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Question:
She says about herself: I am a married lady, and I have two children. Seventeen days ago, a dispute occurred between me and my husband, and the argument heated up. In a fit of anger, he said to me, “You are divorced three times.” I should mention that at the time he uttered this, he was drunk, and he continued his life as usual. After the divorce, he contacted me four days later. He did not ask about this matter, and to this day he says that he knows his intention when he rejected it, meaning that he did not intend the divorce. I have asked and inquired about this matter, especially since we are expatriates and have no relatives to turn to after Allah. I am living with him in the apartment. I ask you, your eminences, to be generous and issue a ruling on this matter, and whether there is an expiation for it? May Allah reward you with good.
Answer:
It is obligatory for you to refrain from him and not allow him access to yourself until he brings a written fatwa from one of the recognized muftis in the country. Do not allow him access to yourself, refrain from him, and stay away from him until he brings a fatwa from one of the reputable muftis in the country where you are, or in one of the Islamic countries that have recognized muftis. Alternatively, you and he should go to the mufti and tell him what happened and what took place. Then he will look into this matter. The important thing is that this action is a mistake, and his statement that “I did not intend this” does not benefit him in any way, because if divorce is pronounced explicitly, it takes place whether he intended it or not. If he utters explicit divorce, yes, it takes place and does not depend on his intention or lack of intention, or whether he was serious, joking, or otherwise. None of these are considered. However, there is some ambiguity in the matter if he was in a state of extreme anger. Therefore, it is necessary to attend the recognized mufti or write to the Department of Scientific Research and Ifta in Riyadh about what happened. The important thing is that you do not allow him access to yourself except with a legitimate and recognized fatwa.
She says about herself: I am a married lady, and I have two children. Seventeen days ago, a dispute occurred between me and my husband, and the argument heated up. In a fit of anger, he said to me, “You are divorced three times.” I should mention that at the time he uttered this, he was drunk, and he continued his life as usual. After the divorce, he contacted me four days later. He did not ask about this matter, and to this day he says that he knows his intention when he rejected it, meaning that he did not intend the divorce. I have asked and inquired about this matter, especially since we are expatriates and have no relatives to turn to after Allah. I am living with him in the apartment. I ask you, your eminences, to be generous and issue a ruling on this matter, and whether there is an expiation for it? May Allah reward you with good.
Answer:
It is obligatory for you to refrain from him and not allow him access to yourself until he brings a written fatwa from one of the recognized muftis in the country. Do not allow him access to yourself, refrain from him, and stay away from him until he brings a fatwa from one of the reputable muftis in the country where you are, or in one of the Islamic countries that have recognized muftis. Alternatively, you and he should go to the mufti and tell him what happened and what took place. Then he will look into this matter. The important thing is that this action is a mistake, and his statement that “I did not intend this” does not benefit him in any way, because if divorce is pronounced explicitly, it takes place whether he intended it or not. If he utters explicit divorce, yes, it takes place and does not depend on his intention or lack of intention, or whether he was serious, joking, or otherwise. None of these are considered. However, there is some ambiguity in the matter if he was in a state of extreme anger. Therefore, it is necessary to attend the recognized mufti or write to the Department of Scientific Research and Ifta in Riyadh about what happened. The important thing is that you do not allow him access to yourself except with a legitimate and recognized fatwa.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من قال لزوجته وهو غضبان أنت طالق بالثلاث، ثم عاشرها بعد ذلك، وقال لم أكن أنوي بالطلاق؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.