Ruling on the one who says to his wife: “You are divorced three times” with the intention of threatening her

Question:
His third question says: A man became extremely angry and said to his wife: “You are divorced three times” in one sitting, and afterwards he regretted his action and said: “I did not intend divorce; my intention was only to threaten her.” So is it permissible for him to take her back afterwards, or not?

Answer:
This is if his mind was with him, he was in control of himself, and he intended nothing but a threat. This means that his anger was not overwhelming. In this case, the divorce takes effect; the divorce takes effect on her in this situation. He said: “You are divorced, you are divorced, you are divorced,” or “You are divorced, then divorced, then divorced.” The triple divorce takes effect in this situation.
If his anger was not so severe that he understood what he was saying and comprehended what he was saying, but rather he intended to frighten or threaten her as he stated, and anger did not overcome him, then this takes effect. However, if his anger became intense and he was overcome by it, meaning his intention was blocked and he could not control himself due to the severity of the dispute that occurred between them, the cursing and mutual insults between them, or because she insulted him with things that caused his anger to become intense, or something similar that indicates the validity of the claim, then the incident helps to understand the truth or falsehood of the claimant.
So if the incident involved severe disputes, fighting, cursing, or something similar that indicates the intensity of his anger and the truth of his claim of intense anger, then the divorce does not take effect according to the correct opinion of the scholars. This is the opinion that intense anger prevents the divorce from taking effect. This is the second of the three levels, for anger has three levels:
The first is that it removes his mind; his mind is removed due to the intensity of the anger, until he becomes like a madman. In this case, his divorce does not take effect according to all scholars.
The second level is that his anger becomes intense and overcomes him, depriving him of self-control until he becomes like an imbecile due to the intensity of the anger. In this case as well, his divorce does not take effect according to the correct opinion.
The third situation is ordinary anger that does not deprive him of his senses, and his anger does not overcome him, nor does it block his intention. Rather, it is ordinary anger without intensity. This does not prevent the divorce from taking effect; rather, the divorce takes effect with it. However, the woman’s situation must also be considered. If she is menstruating, in a state of post-natal bleeding, or in a state of purity in which he had intercourse with her, then the divorce does not take effect either, according to the correct opinion, because it would be an innovated divorce. The lawful divorce is that which occurs in a state of purity in which he did not have intercourse, or in a state of evident pregnancy. This is the lawful divorce that takes effect.
As for if it is during menstruation, post-natal bleeding, or in a state of purity in which he had intercourse with her, the preferred opinion is that it does not take effect, even though this is contrary to the opinion of the majority. However, it is the stronger opinion from the perspective of evidence, because in that case he divorced her outside the waiting period. Allah says: [Al-Talaq:1]. The waiting period is interpreted by the scholars as being in a state of purity without intercourse or pregnancy. This is the waiting period for which women are divorced; she is in a state of purity or pregnant. If he divorces her while she is in a state of purity or pregnant, and he did not have intercourse with her during the state of purity, and she is in a state of separation, then the divorce is lawful. However, if he divorces her during menstruation, during post-natal bleeding, or in a state of purity in which he had intercourse with her, and her pregnancy is not evident, then it is an innovated divorce, contrary to the command of Allah the Exalted: [Al-Talaq:1]. And what contradicts the command of Allah does not take effect, due to the saying of the Prophet (peace and blessings be upon him): .
In conclusion: This questioner needs to contact the scholars, along with his wife and her guardian, so that they can look into his case and the intensity of his anger. If he is in Riyadh or elsewhere and wishes to contact me to look into his matter, there is no harm. Yes.

The presenter: May Allah reward you with good.