Ruling on the divorce of a patient whose mental state changes
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the esteemed head of the courts of al-Dawadimi, may Allah grant him understanding in all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O beloved, your noble letter number (1414) dated 13/7/1394 AH has arrived, may Allah grant you His pleasure. I understood what your eminence recorded regarding the presence of the husband, his wife, and her guardian before you, and the wife’s confirmation of the nature of the divorce that occurred from him against her. It is that he said to her in a state of extreme anger toward her: “You are divorced, then divorced, then divorced,” because she did not obey his order to keep her daughter away from him, along with her bad speech toward him. She stated that when he becomes angry, his feeling changes such that he speaks incoherently, to the point that he curses himself. She expressed her desire to return to him if a legal ruling is found. Her guardian stated that he knows nothing about what happened due to his absence at the time of the divorce, and that he also knows nothing about the illness that afflicts the aforementioned husband when he becomes angry. The aforementioned husband brought the two witnesses to me, and they testified that the aforementioned husband is afflicted with an illness that changes his feeling and causes him to speak incoherently when he becomes angry, and that they have known this from him more than once. This is what they testified. The aforementioned husband swore an oath before me that the reality is as mentioned above at the time of the divorce.
Answer: Based on all of this, I issued a ruling to him that his aforementioned wife remains in his marriage bond and that his aforementioned divorce did not take place; because the legal evidence indicates that extreme anger prevents the consideration of the divorce, as is not hidden. Among this is the famous hadith from Aisha (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2046Hasan (Darussalam) It was narrated by Ahmad, Abu Dawud, and Ibn Majah, and al-Hakim graded it as authentic. A group of scholars, including Imam Ahmad (may Allah have mercy on him), interpreted “compulsion” as coercion and anger, meaning extreme anger. Therefore, I hope your eminence will inform the woman and her guardian of this. May Allah reward your efforts and reward you all with good. And 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 (1414) dated 13/7/1394 AH has arrived, may Allah grant you His pleasure. I understood what your eminence recorded regarding the presence of the husband, his wife, and her guardian before you, and the wife’s confirmation of the nature of the divorce that occurred from him against her. It is that he said to her in a state of extreme anger toward her: “You are divorced, then divorced, then divorced,” because she did not obey his order to keep her daughter away from him, along with her bad speech toward him. She stated that when he becomes angry, his feeling changes such that he speaks incoherently, to the point that he curses himself. She expressed her desire to return to him if a legal ruling is found. Her guardian stated that he knows nothing about what happened due to his absence at the time of the divorce, and that he also knows nothing about the illness that afflicts the aforementioned husband when he becomes angry. The aforementioned husband brought the two witnesses to me, and they testified that the aforementioned husband is afflicted with an illness that changes his feeling and causes him to speak incoherently when he becomes angry, and that they have known this from him more than once. This is what they testified. The aforementioned husband swore an oath before me that the reality is as mentioned above at the time of the divorce.
Answer: Based on all of this, I issued a ruling to him that his aforementioned wife remains in his marriage bond and that his aforementioned divorce did not take place; because the legal evidence indicates that extreme anger prevents the consideration of the divorce, as is not hidden. Among this is the famous hadith 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 إغلاق
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
