What is the meaning of the hadith (There is no divorce in a state of anger)?
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The questioner : The hadith Sunan ad-Daraqutni 16:86 What is the jurisprudence of this hadith?
The Shaykh : The jurisprudence of this hadith is that if a husband divorces his wife while in an abnormal psychological state, not gathered in his thoughts, not considering the consequences of his action, but rather in a fit of anger—whether the anger is justified or not, it does not matter—he goes and divorces her. In this state of anger, this divorce does not take effect according to the Shari'ah. The term "iglaq" (sealing) in the interpretation of the jurists has two meanings that meet at one point, which is the absence of free will, if that is the correct expression. One of the meanings is what I mentioned just now: "iglaq" is the anger that seals off its owner from the path of sound thinking. The other meaning is coercion. A person is coerced into divorcing and does not want to, and this happens often with some people, the fathers of the wives, or those they call paternal uncles. These people get angry at their son-in-law, and perhaps they are wrong in their anger, so they come and threaten him, saying, "Divorce my daughter, or I will kill you this very hour." So the husband says, "Go ahead, you are divorced." He divorced her; he did divorce her, but this divorce was not by his desire or will. This divorce does not take effect. Nevertheless, even today, some followers of the schools of jurisprudence issue fatwas that the divorce of a coerced person takes effect. This contradicts the general consensus of the Shari'ah as a whole, and this hadith in particular.Sunan ad-Daraqutni 16:86 And Allah, Mighty and Majestic, has narrated that Musa (Moses), the one who spoke to Allah, did an action that, if it were done by a person who controls himself and understands the consequences of his behavior, would be disbelief. Because he threw down the tablets and struck the earth with them, like a person who might take the noble Mushaf and strike the earth with it. If he did this intentionally and deliberately, it would be disbelief, because it is an insult to the speech of Allah, Mighty and Majestic. And Musa threw down the tablets containing the Torah. When? When he was informed that his people had taken the calf as a god after him, worshipping it besides Allah, Blessed and Exalted is He. So this fit of anger prevented him from thinking about the consequences of what he did and striking the earth with the tablets, which contained the pages of Ibrahim and Musa. If this is what the one who spoke to Allah did, what do we say about the general people, especially those who do not have self-control or patience? And finally, we are presented with a hadith in the two Sahihs from the narration of Abu Bakrah al-Thaqafi (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said: Sunan Ibn Majah 2316Sahih (Darussalam) Do you think that if he judged between two people in a case and gave to Zayd what was for Bakr, not even a single dirham, would his judgment be executed in a state of anger? The answer is no, because the Messenger said he should not judge. It is not permissible for him to judge, but if he judged, his ruling and judgment are not valid. So what about the one who destroys his home and orphans his children in a fit of anger, saying to his wife, "You are divorced"? This is even more deserving of not being valid. Therefore, he (peace and blessings be upon him) said: Sunan ad-Daraqutni 16:86
The questioner : Our Shaykh, if you please, regarding women's makeup, you brought it up on the basis that it is from the category of altering the creation of Allah, Mighty and Majestic...?
The Shaykh : It is not from that category. You have forgotten the topic.
There is no divorce in a state of being overwhelmed.
لا طلاق في إغلاقThe Shaykh : The jurisprudence of this hadith is that if a husband divorces his wife while in an abnormal psychological state, not gathered in his thoughts, not considering the consequences of his action, but rather in a fit of anger—whether the anger is justified or not, it does not matter—he goes and divorces her. In this state of anger, this divorce does not take effect according to the Shari'ah. The term "iglaq" (sealing) in the interpretation of the jurists has two meanings that meet at one point, which is the absence of free will, if that is the correct expression. One of the meanings is what I mentioned just now: "iglaq" is the anger that seals off its owner from the path of sound thinking. The other meaning is coercion. A person is coerced into divorcing and does not want to, and this happens often with some people, the fathers of the wives, or those they call paternal uncles. These people get angry at their son-in-law, and perhaps they are wrong in their anger, so they come and threaten him, saying, "Divorce my daughter, or I will kill you this very hour." So the husband says, "Go ahead, you are divorced." He divorced her; he did divorce her, but this divorce was not by his desire or will. This divorce does not take effect. Nevertheless, even today, some followers of the schools of jurisprudence issue fatwas that the divorce of a coerced person takes effect. This contradicts the general consensus of the Shari'ah as a whole, and this hadith in particular.
There is no divorce in a state of being overwhelmed.
لا طلاق في إغلاقLet the judge (Qadi) not pass a judgment when he is angry.
لا يقضي القاضي بين اثنين وهو غضبانThere is no divorce in a state of being overwhelmed.
لا طلاق في إغلاقThe questioner : Our Shaykh, if you please, regarding women's makeup, you brought it up on the basis that it is from the category of altering the creation of Allah, Mighty and Majestic...?
The Shaykh : It is not from that category. You have forgotten the topic.
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