A man in anger said to his wife, "You are divorced," without intending divorce; what is the ruling of the Shari'ah?
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Abu Layla : Praise be to Allah. A man developed a distance between him and his wife, so he said to her, "You are divorced." He did not intend divorce in his heart, but he was angry and upset. What is the ruling of the Shari'ah regarding this divorce?
The Shaykh : When the divorce is explicit, intention is not considered.
Abu Layla: Yes.
The Shaykh : Do you understand?
Abu Layla : Yes, exactly.
The Shaykh : When a man says to his wife, "You are divorced," intention is not considered in this case, but other matters are considered, such as whether he is of sound mind. Being of sound mind means he is not angry. You have added a description, which is the description of anger. If the anger is confirmed, that suffices in place of your statement that he did not intend divorce, because this is an explicit divorce. Do you understand?
Abu Layla : Yes, meaning if he intended to divorce, this is an explicit divorce.
The Shaykh : No, an explicit divorce is when he says to his wife, "You are divorced," even if it is in jest; this is an explicit divorce, and no excuse is accepted for him that he did not intend divorce. But if he was truly angry, that is an excuse. So look at the situation of this person.
Abu Layla : He was angry, O our Shaykh.
The Shaykh : If he was angry, there is no divorce.
Abu Layla : Okay, what is the consequence for him, O our Shaykh?
The Shaykh : Nothing is required of him except for his own sake and his financial liability.
Abu Layla : For his own sake and his financial liability.
The Shaykh : Yes, exactly.
Abu Layla : Meaning, either feeding ten poor people.
The Shaykh : No, that is an oath. If he said, "I swear I will divorce you if you go to such a place," and he went, then this is an oath for which he owes an expiation for an oath. But the situation you are presenting is different from this.
Abu Layla : Correct, O our Shaykh. May Allah reward you with good.
The Shaykh : And you as well.
Abu Layla: Peace be upon you.
The Shaykh : And peace be upon you, and Allah's mercy and blessings.
The Shaykh : When the divorce is explicit, intention is not considered.
Abu Layla: Yes.
The Shaykh : Do you understand?
Abu Layla : Yes, exactly.
The Shaykh : When a man says to his wife, "You are divorced," intention is not considered in this case, but other matters are considered, such as whether he is of sound mind. Being of sound mind means he is not angry. You have added a description, which is the description of anger. If the anger is confirmed, that suffices in place of your statement that he did not intend divorce, because this is an explicit divorce. Do you understand?
Abu Layla : Yes, meaning if he intended to divorce, this is an explicit divorce.
The Shaykh : No, an explicit divorce is when he says to his wife, "You are divorced," even if it is in jest; this is an explicit divorce, and no excuse is accepted for him that he did not intend divorce. But if he was truly angry, that is an excuse. So look at the situation of this person.
Abu Layla : He was angry, O our Shaykh.
The Shaykh : If he was angry, there is no divorce.
Abu Layla : Okay, what is the consequence for him, O our Shaykh?
The Shaykh : Nothing is required of him except for his own sake and his financial liability.
Abu Layla : For his own sake and his financial liability.
The Shaykh : Yes, exactly.
Abu Layla : Meaning, either feeding ten poor people.
The Shaykh : No, that is an oath. If he said, "I swear I will divorce you if you go to such a place," and he went, then this is an oath for which he owes an expiation for an oath. But the situation you are presenting is different from this.
Abu Layla : Correct, O our Shaykh. May Allah reward you with good.
The Shaykh : And you as well.
Abu Layla: Peace be upon you.
The Shaykh : And peace be upon you, and Allah's mercy and blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.