The Ruling on Divorce in Extreme Anger
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the President of the Grand Court in Taif, may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (680), dated 15/10/1393 AH, which is a response to my letter number (2392), dated 10/10/1393 AH, has been received, may Allah guide you. I have reviewed the attached copy of the record, which includes the statement that the husband L. Q., his wife, and her brother appeared before your Excellency. The husband admitted that his passport was kept by his wife, and when he asked her for it, she refused to give it to him. A quarrel and dispute arose between them, and he became extremely angry because of this. He said to her: "If you do not give me the passport, you are divorced three times." When he left the room, he repeated to her: "You are divorced three times." When he went out to the street, he repeated to her: "You are divorced a hundred times." He did not divorce her in any other way. Two days after this incident, they reconciled, she gave him the passport, and he took her back. The wife confirmed all that her husband admitted, as did her brother, confirming all that his brother-in-law admitted, except for the brother-in-law's statement: "If you do not give me the passport," for he did not hear this phrase from him.
Answer: Based on this, and on the aforementioned husband's admission to me that he did not intend to condition the divorce in the second and third instances on her not handing over the passport, nor to execute the divorce, because it came from him in a state of extreme anger, and his feelings changed as recorded in my attached letter number (2393), dated 10/10/1393 AH, I issued a ruling to him that the aforementioned divorce did not take effect, and his wife remains in his marriage bond, because he was at the peak of anger at the time of the divorce. The scriptural evidence indicates that extreme anger prevents the divorce from being considered valid. Among this is the famous hadith narrated by 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) Al-Ighlaq means: coercion and extreme anger, as explained by a group of scholars.
I hope your Excellency will inform everyone of this and advise them all to treat each other with kindness and to be cautious of the causes of anger. May Allah reward you and thank you for your efforts. 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 (680), dated 15/10/1393 AH, which is a response to my letter number (2392), dated 10/10/1393 AH, has been received, may Allah guide you. I have reviewed the attached copy of the record, which includes the statement that the husband L. Q., his wife, and her brother appeared before your Excellency. The husband admitted that his passport was kept by his wife, and when he asked her for it, she refused to give it to him. A quarrel and dispute arose between them, and he became extremely angry because of this. He said to her: "If you do not give me the passport, you are divorced three times." When he left the room, he repeated to her: "You are divorced three times." When he went out to the street, he repeated to her: "You are divorced a hundred times." He did not divorce her in any other way. Two days after this incident, they reconciled, she gave him the passport, and he took her back. The wife confirmed all that her husband admitted, as did her brother, confirming all that his brother-in-law admitted, except for the brother-in-law's statement: "If you do not give me the passport," for he did not hear this phrase from him.
Answer: Based on this, and on the aforementioned husband's admission to me that he did not intend to condition the divorce in the second and third instances on her not handing over the passport, nor to execute the divorce, because it came from him in a state of extreme anger, and his feelings changed as recorded in my attached letter number (2393), dated 10/10/1393 AH, I issued a ruling to him that the aforementioned divorce did not take effect, and his wife remains in his marriage bond, because he was at the peak of anger at the time of the divorce. The scriptural evidence indicates that extreme anger prevents the divorce from being considered valid. Among this is the famous hadith narrated by 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 your Excellency will inform everyone of this and advise them all to treat each other with kindness and to be cautious of the causes of anger. May Allah reward you and thank you for your efforts. 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.