The Correct Ruling Is That Divorce Does Not Take Effect in a State of Anger
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous judge of al-Rayn, 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 (477), dated 5/8/1391 AH, has been received. May Allah guide you. The information contained therein states that the husband, F. F. Sh., said to his wife in a state of anger: "Talaq, hum talaq, hum talaq," and that he did not intend by this to confirm the divorce, and that in the language of Qahthan the word "hum" means "then," though some deny this. You issued a fatwa to him that she has become forbidden to him until she marries another husband, and he was not pleased with this, among other things you mentioned, which was known.
Answer: We inform your eminence that the correct ruling, if Allah wills, is what you issued in your fatwa, namely that she is forbidden to him until she marries another husband, unless it is established for you that his anger was severe, beyond ordinary anger, or that it altered his perception. If that is established for you, then the correct ruling is that his divorce did not take effect, as a group of scholars from the Salaf and the Khalaf have issued such fatwas, including Shaykh al-Islam Ibn Taymiyyah and his student, the scholar Ibn al-Qayyim, may Allah have mercy on them all. This is what we issue as a fatwa based on many pieces of evidence, including the famous hadith narrated by Abu Dawud from 'A'ishah (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 have interpreted "ikhtilal" (confusion) as anger, while others interpreted it as coercion, which encompasses both. May Allah guide everyone to what He is pleased with.
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 (477), dated 5/8/1391 AH, has been received. May Allah guide you. The information contained therein states that the husband, F. F. Sh., said to his wife in a state of anger: "Talaq, hum talaq, hum talaq," and that he did not intend by this to confirm the divorce, and that in the language of Qahthan the word "hum" means "then," though some deny this. You issued a fatwa to him that she has become forbidden to him until she marries another husband, and he was not pleased with this, among other things you mentioned, which was known.
Answer: We inform your eminence that the correct ruling, if Allah wills, is what you issued in your fatwa, namely that she is forbidden to him until she marries another husband, unless it is established for you that his anger was severe, beyond ordinary anger, or that it altered his perception. If that is established for you, then the correct ruling is that his divorce did not take effect, as a group of scholars from the Salaf and the Khalaf have issued such fatwas, including Shaykh al-Islam Ibn Taymiyyah and his student, the scholar Ibn al-Qayyim, may Allah have mercy on them all. This is what we issue as a fatwa based on many pieces of evidence, including the famous hadith narrated by Abu Dawud from 'A'ishah (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 إغلاقAnd 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.