Does the divorce of an angry person take effect?
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The questioner : The honorable Shaykh says: If we say that the divorce of an angry person does not take effect, then on this basis, no divorce would take effect, because the one who pronounces divorce is usually angry Sunan ad-Daraqutni 16:86?
The Shaykh : First of all, who said that the divorce of an angry person does not take effect?
The questioner : You spoke about the hadithSunan ad-Daraqutni 16:86.
The Shaykh : Yes, regarding anger that is not extreme. We did not interpret it as anger in all cases. Anger has three categories. The first category is anger, but the person retains full awareness. In this case, his divorce takes effect by consensus; there is no disagreement on this.
The second category is when anger reaches the point where the person does not know whether he is on earth or in the sky. In this case, his divorce does not take effect by consensus, because some people, when they get angry, lose their minds and do not know where they are or what they have said. His divorce does not take effect by consensus. Ibn al-Qayyim (may Allah have mercy on him) reported it this way.
The third category is between these two. That is, he knows he is on earth, and he knows he pronounced the divorce, but it is as if he was compelled to do so by the intensity of his anger. The scholars (may Allah have mercy on them) differed regarding the ruling on the divorce of this angry person. Some said it takes effect, and some said it does not. The correct view is that it does not take effect. Look, my brother, the Lawgiver wants us not to be hasty in divorce. Is it permissible for a man to divorce his wife during a period of purity in which he had intercourse with her? No, unless it is revealed that she is pregnant. Why? So that the person will be deliberate and wait until she menstruates, then becomes pure, and then, if he wishes, he can divorce her. It is also not permissible to divorce her during menstruation, because in this state, he is religiously prohibited from enjoying her through intercourse. So it is delayed because in this state, his desire may not be inclined toward her. It is delayed until she becomes pure, his mind is at ease, and his desire is inclined toward her again. Also, in the issue of divorce during menstruation, if he divorces her during menstruation, he has divorced her for a period that is not a waiting period, so it is forbidden, due to the saying of Allah the Exalted:.
There is no divorce in a state of being overwhelmed.
لا طلاق في إغلاقThe Shaykh : First of all, who said that the divorce of an angry person does not take effect?
The questioner : You spoke about the hadith
There is no divorce in a state of being overwhelmed.
لا طلاق في إغلاقThe Shaykh : Yes, regarding anger that is not extreme. We did not interpret it as anger in all cases. Anger has three categories. The first category is anger, but the person retains full awareness. In this case, his divorce takes effect by consensus; there is no disagreement on this.
The second category is when anger reaches the point where the person does not know whether he is on earth or in the sky. In this case, his divorce does not take effect by consensus, because some people, when they get angry, lose their minds and do not know where they are or what they have said. His divorce does not take effect by consensus. Ibn al-Qayyim (may Allah have mercy on him) reported it this way.
The third category is between these two. That is, he knows he is on earth, and he knows he pronounced the divorce, but it is as if he was compelled to do so by the intensity of his anger. The scholars (may Allah have mercy on them) differed regarding the ruling on the divorce of this angry person. Some said it takes effect, and some said it does not. The correct view is that it does not take effect. Look, my brother, the Lawgiver wants us not to be hasty in divorce. Is it permissible for a man to divorce his wife during a period of purity in which he had intercourse with her? No, unless it is revealed that she is pregnant. Why? So that the person will be deliberate and wait until she menstruates, then becomes pure, and then, if he wishes, he can divorce her. It is also not permissible to divorce her during menstruation, because in this state, he is religiously prohibited from enjoying her through intercourse. So it is delayed because in this state, his desire may not be inclined toward her. It is delayed until she becomes pure, his mind is at ease, and his desire is inclined toward her again. Also, in the issue of divorce during menstruation, if he divorces her during menstruation, he has divorced her for a period that is not a waiting period, so it is forbidden, due to the saying of Allah the Exalted: