A man said to his wife during a period of purity in which he had intercourse with her: "You are divorced, you are divorced." He was in a state of intense anger. Is this counted as one divorce or two?
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The questioner : The honorable Shaykh, a man said to his wife during a period of purity in which he had intercourse with her: "You are divorced, you are divorced" in one sitting, and he was in a state of intense anger. Is this counted as one divorce or two?
The Shaykh : First, it must be known that it is not permissible to divorce except in two cases:
The first case is that it be during a period of purity in which he had intercourse with her.
The second case is that it be during menstruation.
Whoever divorces during a period of purity in which he had intercourse with her has transgressed the limits of Allah, and whoever transgresses the limits of Allah has wronged himself, as Allah the Exalted said:[At-Talaq 65:1] And if he had intercourse with her and then divorced her, her divorce for the waiting period is not valid. What is the second case? If he divorces her during menstruation, he is a sinner and a transgressor, because Ibn 'Umar (may Allah be pleased with him and his father) divorced his wife while she was menstruating. When this reached the Prophet (peace and blessings be upon him), his face changed and he became angry, and he ordered him to take her back, then leave her until she becomes pure, then she menstruates, then she becomes pure, and then if he wishes he may keep her, and if he wishes he may divorce her.
As for what some ignorant people do, rushing into divorce and not caring about its limits, this is forbidden and not permissible. Yes.
The questioner : ... .
The Shaykh : If he divorced her during a period of purity in which he did not have intercourse with her, the divorce is effective, but some scholars say that if he was angry with intense anger such that he could not control himself, then there is no divorce upon him. Yes.
The Shaykh : First, it must be known that it is not permissible to divorce except in two cases:
The first case is that it be during a period of purity in which he had intercourse with her.
The second case is that it be during menstruation.
Whoever divorces during a period of purity in which he had intercourse with her has transgressed the limits of Allah, and whoever transgresses the limits of Allah has wronged himself, as Allah the Exalted said:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord.
يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهن وأحصوا العدة واتقوا الله ربكمAs for what some ignorant people do, rushing into divorce and not caring about its limits, this is forbidden and not permissible. Yes.
The questioner : ... .
The Shaykh : If he divorced her during a period of purity in which he did not have intercourse with her, the divorce is effective, but some scholars say that if he was angry with intense anger such that he could not control himself, then there is no divorce upon him. Yes.