Ruling on saying: “I divorce you; you are lawful for men but not for me,” while he is angry
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh, the head of the courts of al-Hasa, may Allah grant you success in all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (2011), dated 18/3/1393 AH, has been received. May Allah guide you. It contained the information regarding the presence of the husband H. M., his wife, her brother, and the witnesses M. S. and W. M. S. before your eminence, and the testimony of the witnesses that the aforementioned husband, on the night of Friday, 10/3/1393 AH, had a dispute with his aforementioned wife and divorced her by saying, “I divorce you.” Then the witness M. placed his hand over his mouth, and after he removed it, the husband said: “I divorce you, I divorce you; you are lawful for men but not for me.” In their testimony, they stated that at that time he was extremely angry and that when he becomes angry, he loses his sense.
As for the wife’s brother, he left the matter to the witnesses because he was not present at the incident, which was known. I asked the husband about it, and he answered in the same way as the two witnesses, and he swore an oath to that effect. He and the wife’s brother admitted that he had previously divorced her once, about four years ago, and took her back based on the fatwa of the Shaykh, the head of the court of Bisha.
Answer: Based on all of the above, I issued a fatwa to the husband that his aforementioned divorce did not take effect and that his wife remains in his marriage bond. This is because the scriptural evidence indicates that intense anger prevents the divorce from being considered valid, especially when one’s sense is altered or lost. Among this is the famous hadith narrated by Imam Ahmad, Abu Dawud, and Ibn Majah, and graded authentic by al-Hakim, from Aisha (may Allah be pleased with her), that the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2046Hasan (Darussalam) A group of scholars, including Imam Ahmad (may Allah have mercy on him), interpreted “coercion” as coercion and anger, meaning intense anger.
I hope you will take note of this and inform the woman of the aforementioned fatwa. We have informed the husband and the wife’s brother of this, and we advised the husband to be cautious of the causes of anger and to seek refuge in Allah from the accursed Shaytan after it occurs. We also advised the wife’s brother to advise his sister to treat her husband well and to be cautious of the causes that anger her husband. May Allah guide everyone to what pleases Him. Peace be upon you, and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (2011), dated 18/3/1393 AH, has been received. May Allah guide you. It contained the information regarding the presence of the husband H. M., his wife, her brother, and the witnesses M. S. and W. M. S. before your eminence, and the testimony of the witnesses that the aforementioned husband, on the night of Friday, 10/3/1393 AH, had a dispute with his aforementioned wife and divorced her by saying, “I divorce you.” Then the witness M. placed his hand over his mouth, and after he removed it, the husband said: “I divorce you, I divorce you; you are lawful for men but not for me.” In their testimony, they stated that at that time he was extremely angry and that when he becomes angry, he loses his sense.
As for the wife’s brother, he left the matter to the witnesses because he was not present at the incident, which was known. I asked the husband about it, and he answered in the same way as the two witnesses, and he swore an oath to that effect. He and the wife’s brother admitted that he had previously divorced her once, about four years ago, and took her back based on the fatwa of the Shaykh, the head of the court of Bisha.
Answer: Based on all of the above, I issued a fatwa to the husband that his aforementioned divorce did not take effect and that his wife remains in his marriage bond. This is because the scriptural evidence indicates that intense anger prevents the divorce from being considered valid, especially when one’s sense is altered or lost. Among this is the famous hadith narrated by Imam Ahmad, Abu Dawud, and Ibn Majah, and graded authentic by al-Hakim, from Aisha (may Allah be pleased with her), that the Prophet (peace and blessings be upon him) said:
There is no divorce and no manumission at the time of coercion.
لا طلاق ولا عتاق في إغلاقI hope you will take note of this and inform the woman of the aforementioned fatwa. We have informed the husband and the wife’s brother of this, and we advised the husband to be cautious of the causes of anger and to seek refuge in Allah from the accursed Shaytan after it occurs. We also advised the wife’s brother to advise his sister to treat her husband well and to be cautious of the causes that anger her husband. May Allah guide everyone to what pleases Him. Peace be upon you, and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.