The occurrence of divorce in a state of anger and the method of taking back the wife
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The questioner:
He says: I divorced my wife with one pronouncement of divorce, and it was in my heart. Does the divorce take effect, knowing that I was angry?
The Shaykh:
What Allah willed, the majority of scholars hold that the divorce takes effect when the words are spoken, whether they are on the tongue or in the heart, even if the person is angry, unless his anger has removed his awareness. If he reaches a stage of anger that removes his awareness, such that he does not know what he is saying, then the divorce does not take effect, and there is no divorce in that case. However, if he retains some awareness of what he is saying, then even if he has some anger, his divorce takes effect. Yes.
The questioner:
And what is required of me if it was two pronouncements? And what is the method for taking her back?
The Shaykh:
If it was one pronouncement of divorce and nothing preceded it to complete it to three, and she is still in the waiting period, then she is one who can be taken back by him, unless this pronouncement was for compensation, meaning he took compensation from her, saying, "Give me such and such, and divorce me." If he divorced her with one pronouncement for compensation, this is a final divorce, and there is no taking her back except with a new marriage contract, provided that this pronouncement was not the third of three. Yes.
He says: I divorced my wife with one pronouncement of divorce, and it was in my heart. Does the divorce take effect, knowing that I was angry?
The Shaykh:
What Allah willed, the majority of scholars hold that the divorce takes effect when the words are spoken, whether they are on the tongue or in the heart, even if the person is angry, unless his anger has removed his awareness. If he reaches a stage of anger that removes his awareness, such that he does not know what he is saying, then the divorce does not take effect, and there is no divorce in that case. However, if he retains some awareness of what he is saying, then even if he has some anger, his divorce takes effect. Yes.
The questioner:
And what is required of me if it was two pronouncements? And what is the method for taking her back?
The Shaykh:
If it was one pronouncement of divorce and nothing preceded it to complete it to three, and she is still in the waiting period, then she is one who can be taken back by him, unless this pronouncement was for compensation, meaning he took compensation from her, saying, "Give me such and such, and divorce me." If he divorced her with one pronouncement for compensation, this is a final divorce, and there is no taking her back except with a new marriage contract, provided that this pronouncement was not the third of three. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 04 من 13/شرح العقيدة الطحاوية/الحوض الذي أكرم الله به نبيه حق/صالح الفوزان/العقيدة / كبار العلماء — youtube.com (1:10:54)
The Arabic text is a machine transcription of the audio recording.
