Does the divorce of an angry person take effect? And the ruling on saying, “I divorce you”
Machine translationRead the Arabic original
The questioner : The sister came to the mosque in the Al-Wehdat district; there is a mosque in Al-Wehdat. She told me during the Dhuhr prayer that she had a question. Her husband, of course, after Isha, after breaking the fast, after Maghrib, after breaking the fast, they had discussions. He was very angry, and she was angry and very upset. He raised the divorce oath. He said to her, “If you leave the house, you are divorced three times.” He told her, “You are divorced.” The sister, of course, went out. Two people who are committed and love each other, and they regret this matter and are ashamed. The sister was upset and in a state of anger. This is what does not know the ruling of the Shari'ah: is he in a state of divorce, or is the sister?
The Shaykh : Okay, when did it happen?
The questioner : A while ago.
The Shaykh : Okay, and what are they doing now?
The questioner : By Allah, we asked, and I called you a while ago after Isha in the afternoon questions. I called you.
The Shaykh : Who called?
The questioner : I called.
The Shaykh : You called?
The questioner: Yes.
The Shaykh : Okay, and did you get the answer or not?
The questioner : No, I told him after Isha I didn’t call a second time because I was busy. And Allah knows best. I called the brother Ali.Al-Halabi : Then he gave me the answer.
The Shaykh : He gave you the answer?
The questioner : He gave the answer to the brother.
The Shaykh : Generally, because of the many idle words and multi-faceted contradictions that occur in such cases, we do not want the answer to be given to an intermediary. Rather, we say that the one who has the problem should call and ask, because...
The questioner : I gave it to him.
The Shaykh : Because often the questioner needs to ask the mufti for some details that the intermediary does not know. Therefore, the answer may be based on the intermediary’s question, while there are matters that occurred from the one who divorced that would direct the answer to the intermediary to a different answer. Did you understand, Ali?
The questioner: Yes.
The Shaykh : Ah; therefore, we never desire, regarding divorce cases, to answer the intermediary. We tell him, “Let the person involved be the one who asks,” because we have tried this hundreds of times. The question comes from an intermediary, and when we ask for the person involved to call us directly, additional matters and attachments appear that the intermediary did not mention. For this reason, we do not accept intermediation in such personal matters. But so that you know, take this as a rule: divorce in a state of anger does not take effect. Divorce in a state of anger does not take effect. And divorce is in the hand of the man, not in the hand of the woman. You just mentioned that she was angry and he was angry. Her anger neither advances nor delays anything. If he, for example, divorced her while he was in control of his mind, opinion, and wisdom, and she was angry, it has no effect, whether she was pleased or angry. The important thing is that the one who divorces is the one who has the divorce in his hand. So if he divorces in a state of sudden anger, this is not considered a divorce. But it is not so with an oath. Here the case differs. You just mentioned that he swore at her with divorce.
The questioner : An oath, of course. And Allah knows best.
The Shaykh : Listen, my brother, I am not talking about the case right now. I am telling you whether divorce in anger takes effect or not. I am explaining to you that divorce in anger does not take effect. As for an oath, it is not looked at whether he was angry or not. If he said, “I divorce you, you will not go,” and she went, an expiation for an oath will come upon him. An expiation for an oath will come upon him, not a divorce. But if he said, “You are divorced, you are divorced, you are divorced,” this is the creation of a divorce. But if it was in a state of anger, it is not considered a divorce. Do you understand how?
The questioner: Yes.
The Shaykh : Why is it not considered a divorce? Because the Prophet (peace and blessings be upon him) used to say:.
The Shaykh : Okay, when did it happen?
The questioner : A while ago.
The Shaykh : Okay, and what are they doing now?
The questioner : By Allah, we asked, and I called you a while ago after Isha in the afternoon questions. I called you.
The Shaykh : Who called?
The questioner : I called.
The Shaykh : You called?
The questioner: Yes.
The Shaykh : Okay, and did you get the answer or not?
The questioner : No, I told him after Isha I didn’t call a second time because I was busy. And Allah knows best. I called the brother Ali.Al-Halabi : Then he gave me the answer.
The Shaykh : He gave you the answer?
The questioner : He gave the answer to the brother.
The Shaykh : Generally, because of the many idle words and multi-faceted contradictions that occur in such cases, we do not want the answer to be given to an intermediary. Rather, we say that the one who has the problem should call and ask, because...
The questioner : I gave it to him.
The Shaykh : Because often the questioner needs to ask the mufti for some details that the intermediary does not know. Therefore, the answer may be based on the intermediary’s question, while there are matters that occurred from the one who divorced that would direct the answer to the intermediary to a different answer. Did you understand, Ali?
The questioner: Yes.
The Shaykh : Ah; therefore, we never desire, regarding divorce cases, to answer the intermediary. We tell him, “Let the person involved be the one who asks,” because we have tried this hundreds of times. The question comes from an intermediary, and when we ask for the person involved to call us directly, additional matters and attachments appear that the intermediary did not mention. For this reason, we do not accept intermediation in such personal matters. But so that you know, take this as a rule: divorce in a state of anger does not take effect. Divorce in a state of anger does not take effect. And divorce is in the hand of the man, not in the hand of the woman. You just mentioned that she was angry and he was angry. Her anger neither advances nor delays anything. If he, for example, divorced her while he was in control of his mind, opinion, and wisdom, and she was angry, it has no effect, whether she was pleased or angry. The important thing is that the one who divorces is the one who has the divorce in his hand. So if he divorces in a state of sudden anger, this is not considered a divorce. But it is not so with an oath. Here the case differs. You just mentioned that he swore at her with divorce.
The questioner : An oath, of course. And Allah knows best.
The Shaykh : Listen, my brother, I am not talking about the case right now. I am telling you whether divorce in anger takes effect or not. I am explaining to you that divorce in anger does not take effect. As for an oath, it is not looked at whether he was angry or not. If he said, “I divorce you, you will not go,” and she went, an expiation for an oath will come upon him. An expiation for an oath will come upon him, not a divorce. But if he said, “You are divorced, you are divorced, you are divorced,” this is the creation of a divorce. But if it was in a state of anger, it is not considered a divorce. Do you understand how?
The questioner: Yes.
The Shaykh : Why is it not considered a divorce? Because the Prophet (peace and blessings be upon him) used to say:
There is no divorce
لا طلاق
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.