Does a man's divorce take effect while he is angry?
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The questioner : Does a man's divorce take effect while he is angry, O honorable Shaykh?
The Shaykh : The scholars say that anger is divided into three categories.
The questioner : Yes.
The Shaykh : The beginning, the end, and the middle. As for anger in its beginning, there is no doubt that the divorce takes effect in it, because the general rule is that divorce does not occur except from anger. As for anger in its end, to the point where a person does not know what he said, and does not know whether he is in the sky or on the earth, and it has completely closed over him, then the divorce does not take effect. It is reported that there is consensus on this, meaning the consensus of the scholars.
As for when it is in the middle, meaning it is not at the extreme nor at the beginning, the scholars differed on this with two opinions. Some said that it takes effect, and some said that it does not take effect. Those who said that it takes effect said that this man understands the divorce, knows what he said, and intends what he said. Those who said that it does not take effect said that this divorce, even though the one divorcing intends what he said and is aware of what he is saying, is without complete will, as if he is compelled to divorce. And the Prophet (peace and blessings be upon him) said:Sunan ad-Daraqutni 16:86.
Based on this, if a questioner asks seeking a ruling, we tell him: As for what is in the beginning of anger, do not hesitate that the divorce takes effect in it. As for what is in its end, do not hesitate that the divorce does not take effect in it. As for what is in the middle, it is a matter of independent legal reasoning, and a person should look at what he sees to be closer to the truth. Yes.
The questioner : May Allah bless you.
The Shaykh : The scholars say that anger is divided into three categories.
The questioner : Yes.
The Shaykh : The beginning, the end, and the middle. As for anger in its beginning, there is no doubt that the divorce takes effect in it, because the general rule is that divorce does not occur except from anger. As for anger in its end, to the point where a person does not know what he said, and does not know whether he is in the sky or on the earth, and it has completely closed over him, then the divorce does not take effect. It is reported that there is consensus on this, meaning the consensus of the scholars.
As for when it is in the middle, meaning it is not at the extreme nor at the beginning, the scholars differed on this with two opinions. Some said that it takes effect, and some said that it does not take effect. Those who said that it takes effect said that this man understands the divorce, knows what he said, and intends what he said. Those who said that it does not take effect said that this divorce, even though the one divorcing intends what he said and is aware of what he is saying, is without complete will, as if he is compelled to divorce. And the Prophet (peace and blessings be upon him) said:
There is no divorce in a state of being overwhelmed.
لا طلاق في إغلاقBased on this, if a questioner asks seeking a ruling, we tell him: As for what is in the beginning of anger, do not hesitate that the divorce takes effect in it. As for what is in its end, do not hesitate that the divorce does not take effect in it. As for what is in the middle, it is a matter of independent legal reasoning, and a person should look at what he sees to be closer to the truth. Yes.
The questioner : May Allah bless you.