A man says: I am married and I divorced my wife three times, and she is pregnant in her sixth month. I have four children from her before this, and I want to
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The questioner : This listener, E.E.M. from Yemen, says that he is married and divorced his wife three times while she was pregnant in her sixth month. He says, "I have four children from her before this, and I want to take her back. The reasons for the divorce, O honorable Shaykh, are that she took my clothes and locked the door before I went to work, and she did not give them to me. This angered me and made me lose my mind, so I rushed into the divorce without sense. I ask for your guidance. Peace be upon you."
The Shaykh : The reality is that this question contains two matters. First, the man divorced in a state of intense anger in which he lost his mind. Second, he divorced three times. As for the first, we say that if he divorced in a state of intense anger in which he lost his mind and his mind was closed over him, so that he could not exercise the will by which he acts or refrains, then in this state there is no divorce upon him, and no divorce takes effect on his wife, neither one nor three, because he is like one who is coerced and forced. Even if the coercion is external, meaning from outside the self, this is internal coercion. The evidence for this is the saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2046Hasan (Darussalam). "Iqla'" means that a person's intention and will are closed over him so that he cannot act according to what he desires and loves. It is derived from "closing the door," and its opposite is opening, expansion, and release through intended will, or rather through complete will that occurred from the person after deliberation. Some scholars mentioned that anger is divided into three categories. One category is one in which a person completely loses his control, such that he does not know what he is saying, nor does he know if he is in the sky or on the earth, and he divorces. In this case, his divorce does not take effect by consensus, because he did not intend either the words or the meaning; he merely spoke as one who speaks the words of a madman or a lunatic.
The second category of anger is slight anger that drives a person to an action or a statement, but he is able to control himself and act with sound judgment. In this case, his divorce takes effect by consensus.
The third category is anger between these two, and it is a matter of dispute among scholars. The correct view is that divorce does not take effect in this state, because the person is like one who is coerced and forced, and complete intention through conscious action is necessary.
As for the triple divorce, which his question also included, we say that if the triple divorce is consecutive after a return, then the third divorce makes the woman free from her husband, and she does not become lawful to him again except after another husband. For example, if he divorces, then takes her back, then divorces, then takes her back, then divorces the third time, in this third divorce it is not lawful for him to return to his wife, neither by contract nor otherwise, except after she marries another husband in a valid, intended marriage that is not a marriage for the purpose of freeing her for the first husband.
As for if he divorces three times without a return, such as if he says, "You are divorced three times," or "You are divorced, you are divorced, you are divorced," the majority of scholars hold that this is like the first case, meaning that the woman becomes free from him and does not become lawful to her husband except after a valid marriage that is not a marriage for the purpose of freeing her.
And Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held that divorce in this form does not take effect except as one divorce. He cited as evidence the general meaning of the hadith of Ibn Abbas (may Allah be pleased with him and his father), who said: "The triple divorce in the time of the Messenger of Allah (peace and blessings be upon him), Abu Bakr, and two years of the caliphate of Umar was one divorce. When people became hasty in this and increased in pronouncing this divorce, Umar (may Allah be pleased with him) said, 'I see that people have become hasty in a matter in which they used to be deliberate. If we were to allow it for them, we would allow it.' So he allowed it for them." And most scholars followed him in this.
And on this occasion, I offer advice to my Muslim brothers to fear Allah (Mighty and Majestic) in themselves and in their families, and not to rush into divorce, thereby severing their wives, and then going to every scholar to seek a ruling, with great regret. Perhaps this leads to separation, scattering, and the breaking up of the family due to haste and lack of deliberation. There is no doubt that some people are quick to anger and intensely angry. The cure for this, meaning intense and quick anger, is for a person to seek refuge in Allah from the accursed Shaytan. If he is standing, he should sit; if he is sitting, he should lie down. He should get up and perform ablution, and he should control himself. For this reason, a man came to the Messenger of Allah (peace and blessings be upon him) and said, "O Messenger of Allah, advise me." He said: He repeated it several times, saying: This indicates that anger is a detestable matter, to the extent that the Messenger (peace and blessings be upon him) repeated the advice regarding it.
The questioner : May Allah send prayers and peace upon him.
The Shaykh : I also advise my Muslim brothers regarding a matter that has become common among them, which is swearing by divorce. A person says, for example, "I am divorced if I do not do such and such," or he says, "If I do such and such, my wife is divorced," or he says to his wife, "If you do such and such, you are divorced," or similar expressions that they pronounce and then regret what they did, going to the door of every scholar hoping to find a way out. Swearing by divorce is contrary to the prescribed matter, contrary to what the Prophet (peace and blessings be upon him) commanded. The Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 2679 And I say to these people who are lax in swearing by divorce: the majority of scholars do not consider swearing by divorce to be an oath. I say that the majority of scholars do not consider swearing by divorce to be an oath, but rather consider it a conditional statement, and that whenever the condition is fulfilled, the divorce takes effect according to the description given by the one who divorced.
So the matter is very serious. Therefore, O brothers, do not be lax regarding divorce, neither in pronouncing it, nor in its number, nor in its form. We ask Allah for protection for us and for our Muslim brothers from the causes of His anger and punishment.
The questioner : O Allah, amen. And may Allah reward you with good, O honorable Shaykh.
This listener to the program, a female listener to the program, your sister in Allah, E. from the Kingdom...
The Shaykh : So that I do not lengthen the answer, for I fear that the questioner may not have understood the answer to his question, I say to him: If your anger was intense such that you could not control yourself, then there is no divorce upon you, and your wife remains with you; no divorce has taken effect on her.
The questioner : Praise be to Allah.
The Shaykh : As for if the anger was slight and you were able to control yourself, the stronger view is that your triple divorce does not take effect except as one divorce. You may take her back as long as she is in the waiting period before she gives birth. If she gives birth before you take her back, then a new contract is necessary. This is if you had not previously divorced her twice before this divorce. If you had previously divorced her twice before this divorce, then she does not become lawful to you except after another husband. Yes.
The questioner : May Allah bless you.
The Shaykh : The reality is that this question contains two matters. First, the man divorced in a state of intense anger in which he lost his mind. Second, he divorced three times. As for the first, we say that if he divorced in a state of intense anger in which he lost his mind and his mind was closed over him, so that he could not exercise the will by which he acts or refrains, then in this state there is no divorce upon him, and no divorce takes effect on his wife, neither one nor three, because he is like one who is coerced and forced. Even if the coercion is external, meaning from outside the self, this is internal coercion. The evidence for this is the saying of the Prophet (peace and blessings be upon him)
There is no divorce and no manumission at the time of coercion.
لا طلاق ولا عتاق في إغلاقThe second category of anger is slight anger that drives a person to an action or a statement, but he is able to control himself and act with sound judgment. In this case, his divorce takes effect by consensus.
The third category is anger between these two, and it is a matter of dispute among scholars. The correct view is that divorce does not take effect in this state, because the person is like one who is coerced and forced, and complete intention through conscious action is necessary.
As for the triple divorce, which his question also included, we say that if the triple divorce is consecutive after a return, then the third divorce makes the woman free from her husband, and she does not become lawful to him again except after another husband. For example, if he divorces, then takes her back, then divorces, then takes her back, then divorces the third time, in this third divorce it is not lawful for him to return to his wife, neither by contract nor otherwise, except after she marries another husband in a valid, intended marriage that is not a marriage for the purpose of freeing her for the first husband.
As for if he divorces three times without a return, such as if he says, "You are divorced three times," or "You are divorced, you are divorced, you are divorced," the majority of scholars hold that this is like the first case, meaning that the woman becomes free from him and does not become lawful to her husband except after a valid marriage that is not a marriage for the purpose of freeing her.
And Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held that divorce in this form does not take effect except as one divorce. He cited as evidence the general meaning of the hadith of Ibn Abbas (may Allah be pleased with him and his father), who said: "The triple divorce in the time of the Messenger of Allah (peace and blessings be upon him), Abu Bakr, and two years of the caliphate of Umar was one divorce. When people became hasty in this and increased in pronouncing this divorce, Umar (may Allah be pleased with him) said, 'I see that people have become hasty in a matter in which they used to be deliberate. If we were to allow it for them, we would allow it.' So he allowed it for them." And most scholars followed him in this.
And on this occasion, I offer advice to my Muslim brothers to fear Allah (Mighty and Majestic) in themselves and in their families, and not to rush into divorce, thereby severing their wives, and then going to every scholar to seek a ruling, with great regret. Perhaps this leads to separation, scattering, and the breaking up of the family due to haste and lack of deliberation. There is no doubt that some people are quick to anger and intensely angry. The cure for this, meaning intense and quick anger, is for a person to seek refuge in Allah from the accursed Shaytan. If he is standing, he should sit; if he is sitting, he should lie down. He should get up and perform ablution, and he should control himself. For this reason, a man came to the Messenger of Allah (peace and blessings be upon him) and said, "O Messenger of Allah, advise me." He said:
Do not get angry
لا تغضبDo not get angry
لا تغضبThe questioner : May Allah send prayers and peace upon him.
The Shaykh : I also advise my Muslim brothers regarding a matter that has become common among them, which is swearing by divorce. A person says, for example, "I am divorced if I do not do such and such," or he says, "If I do such and such, my wife is divorced," or he says to his wife, "If you do such and such, you are divorced," or similar expressions that they pronounce and then regret what they did, going to the door of every scholar hoping to find a way out. Swearing by divorce is contrary to the prescribed matter, contrary to what the Prophet (peace and blessings be upon him) commanded. The Messenger of Allah (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفا فليحلف بالله أو ليصمتSo the matter is very serious. Therefore, O brothers, do not be lax regarding divorce, neither in pronouncing it, nor in its number, nor in its form. We ask Allah for protection for us and for our Muslim brothers from the causes of His anger and punishment.
The questioner : O Allah, amen. And may Allah reward you with good, O honorable Shaykh.
This listener to the program, a female listener to the program, your sister in Allah, E. from the Kingdom...
The Shaykh : So that I do not lengthen the answer, for I fear that the questioner may not have understood the answer to his question, I say to him: If your anger was intense such that you could not control yourself, then there is no divorce upon you, and your wife remains with you; no divorce has taken effect on her.
The questioner : Praise be to Allah.
The Shaykh : As for if the anger was slight and you were able to control yourself, the stronger view is that your triple divorce does not take effect except as one divorce. You may take her back as long as she is in the waiting period before she gives birth. If she gives birth before you take her back, then a new contract is necessary. This is if you had not previously divorced her twice before this divorce. If you had previously divorced her twice before this divorce, then she does not become lawful to you except after another husband. Yes.
The questioner : May Allah bless you.