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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does anger prevent the pronouncement of divorce from taking effect?

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Question:
A man swore that his wife would not leave his house for her father's house with the intention of fleeing from him except with his permission, and if she left without his permission, she is divorced. The aforementioned wife left for her father's house, and when her husband asked her, she stated that she had not left except for a visit and swore to that effect. However, the man considered it a divorce and took her back through one of the jurists. After approximately five months, a dispute occurred between the couple, and the man divorced his wife with one explicit divorce, with no ambiguity in it, and then took her back again through one of the jurists. After approximately one year, the aforementioned husband divorced his aforementioned wife by saying: "Go to your people, and you are divorced." When he took her back, he mentioned that he was not in his right mind and was in a state of anger. He also mentioned that he was traveling, and during the trip, one of the travelers gave him a medication to keep him awake while traveling, and he was unaware of the effect of that medication, and he swore by Allah to that. What is the answer? May Allah reward you and grant you abundant reward?

Answer:
There is no doubt that the two previous divorces took effect, and the issue lies in the third divorce. The scholars have two opinions regarding such a case:
One is that it does not take effect if the anger is severe and its causes are clear.
The second is that the divorce takes effect if the anger did not remove his awareness and reduce him to the level of the non-sane. As for mere anger, it does not prevent the divorce from taking effect according to all scholars.
And by this, it is known that the angry person has three states:
The first is that the divorce takes effect by consensus; this is when the anger is ordinary and not described as severe.
The second is that the divorce does not take effect by consensus; this is when the anger becomes so intense that awareness is lost and the person becomes in the category of the insane.
The third is what lies between these two, and this is the subject of disagreement. The stronger opinion in this case is that it does not take effect; because if the anger of the angry person becomes intense, he does not control himself and does not have the ability to refrain from pronouncing the divorce; because the intensity of anger drives him to pronounce it to relieve himself of what has befallen him and to ward off the fire of anger from him, so he is like one who is coerced.
Many of the scholars have mentioned these three states, among them Shaykh al-Islam Ibn Taymiyyah and his student, the distinguished scholar Ibn al-Qayyim (may Allah have mercy on them both), and they chose that it does not take effect in the intermediate state, and they equated the person in that state with one who is coerced and with one whose mind has been removed. And Allah knows best, and may Allah send prayers and peace upon our Prophet Muhammad and his family and his companions.
Written by the one who is poor before Allah the Exalted
Abdul Aziz ibn Abdullah ibn Baz
The General President of the Departments of
Scientific Research and Ifta
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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