Intense anger necessitates the invalidation of the angry person's speech, so his divorce does not take effect
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous judge of Tayma, may Allah grant him understanding. Amen.
Peace be upon you, and Allah's mercy and blessings. After this:
Your noble letter dated 24/2/1391 AH has reached me, may Allah guide you to the right path, along with the information it contained regarding the nature of the divorce pronounced by the husband F. 'A. on his wife, which was known. I have considered all that you explained about the aforementioned case, and I have become aware of what his father said, what the witnesses said, and what the divorcing husband said. It has become clear from the statements of all parties that the aforementioned husband was extremely angry at the time of the divorce and did not retain what came from him. For this reason, the witnesses differed regarding the nature of what occurred, while agreeing that he was extremely angry and that the divorce occurred without his awareness.
Answer: Based on this, I have issued a ruling to the aforementioned husband that his aforementioned divorce, as detailed in your letter attached to this one, has not taken effect, because it came from the aforementioned husband during his intense anger and disturbance of his consciousness. The legal evidence indicates that a condition of divorce is that the husband understands it, and it also indicates that intense anger necessitates the invalidation of the angry person's speech and that it is not considered. Among this is the famous hadith narrated by Abu Dawud and others from the Prophet (peace and blessings be upon him), in which he said:Sunan Ibn Majah 2046Hasan (Darussalam) A group of scholars and linguists have interpreted "closing" as coercion and anger (meaning intense anger).
I hope that you will inform the husband's father and the woman's guardians of the aforementioned ruling, and that the woman remains in the protection of her husband. May Allah reward you and thank you for your efforts. I hope that you will deliver a copy of this attached letter to the husband or his father for them to keep and refer to when needed. May you be rewarded with good, and peace be upon you, and Allah's mercy and blessings.
Peace be upon you, and Allah's mercy and blessings. After this:
Your noble letter dated 24/2/1391 AH has reached me, may Allah guide you to the right path, along with the information it contained regarding the nature of the divorce pronounced by the husband F. 'A. on his wife, which was known. I have considered all that you explained about the aforementioned case, and I have become aware of what his father said, what the witnesses said, and what the divorcing husband said. It has become clear from the statements of all parties that the aforementioned husband was extremely angry at the time of the divorce and did not retain what came from him. For this reason, the witnesses differed regarding the nature of what occurred, while agreeing that he was extremely angry and that the divorce occurred without his awareness.
Answer: Based on this, I have issued a ruling to the aforementioned husband that his aforementioned divorce, as detailed in your letter attached to this one, has not taken effect, because it came from the aforementioned husband during his intense anger and disturbance of his consciousness. The legal evidence indicates that a condition of divorce is that the husband understands it, and it also indicates that intense anger necessitates the invalidation of the angry person's speech and that it is not considered. Among this is the famous hadith narrated by Abu Dawud and others from the Prophet (peace and blessings be upon him), in which he said:
There is no divorce and no manumission at the time of coercion.
لا طلاق ولا عتاق في إغلاقI hope that you will inform the husband's father and the woman's guardians of the aforementioned ruling, and that the woman remains in the protection of her husband. May Allah reward you and thank you for your efforts. I hope that you will deliver a copy of this attached letter to the husband or his father for them to keep and refer to when needed. May you be rewarded with good, and peace be upon you, and Allah's mercy and blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.