What is the ruling on the divorce of an angry person?
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Question:
Your Eminence, you have a good statement regarding the divorce of an angry person; would you be kind enough to repeat it here?
May Allah reward you with good.
Answer:
The angry person has three states, as Ibn al-Qayyim (may Allah have mercy on him) mentioned in his book *I'lam al-Muwaqqi'in* and elsewhere. He has three states:
The first state: when his anger becomes so intense that he is unaware of what is happening to him due to the severity of the anger. In this case, he is like a madman, and his divorce does not take effect according to all scholars, provided he is unaware of the divorce due to the intensity of the anger.
The second state: he becomes intensely angry, but his awareness remains with him; he is aware, but his anger has intensified due to fighting, cursing, or exchanging insults, or something similar that causes intense anger. If its causes and signs are present, and both spouses acknowledge it, or if evidence is established, then this is considered a divorce that does not take effect; because in the intensity of anger, he may have lost his sanity, lost control of himself, and lost the ability to restrain himself from divorcing due to the intensity of the anger. This is the stronger opinion among the scholars' statements: that it does not take effect, and this is what we issue as a ruling, as the scholar Ibn al-Qayyim (may Allah have mercy on him) and his teacher Abu al-Abbas, the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), preferred this view, and a group of scholars held it.
If his anger becomes intense for clear reasons, such as fighting, cursing, or other clear causes, but his awareness remains with him; he has some awareness left, he knows what came from him, but his anger has intensified to the point where he is unable to control himself. In this case, the correct view is that his divorce does not take effect, just as in the case of the one who lost his awareness.
The third state: he becomes angry with ordinary anger that does not prevent him from reasoning, and he controls himself. This takes effect by consensus. This last case, where he became angry but it is not called intense anger, rather ordinary anger; I spoke to her in a way that angered her, or I found something in her that angered me, but he has his awareness with him, he controls himself, and he does not have an intensity that makes anger dominate him, such that he has lost his sanity by sixty percent, fifty percent, or seventy percent, meaning: half or more, meaning: his awareness has disappeared by half or more, and his anger has intensified with him. In this case, his divorce does not take effect. As for the one who became angry but his predominant awareness remains with him, his divorce takes effect according to all scholars, according to all people of knowledge.
The presenter: May Allah reward you, and may Allah reward you with good.
Your Eminence, you have a good statement regarding the divorce of an angry person; would you be kind enough to repeat it here?
May Allah reward you with good.
Answer:
The angry person has three states, as Ibn al-Qayyim (may Allah have mercy on him) mentioned in his book *I'lam al-Muwaqqi'in* and elsewhere. He has three states:
The first state: when his anger becomes so intense that he is unaware of what is happening to him due to the severity of the anger. In this case, he is like a madman, and his divorce does not take effect according to all scholars, provided he is unaware of the divorce due to the intensity of the anger.
The second state: he becomes intensely angry, but his awareness remains with him; he is aware, but his anger has intensified due to fighting, cursing, or exchanging insults, or something similar that causes intense anger. If its causes and signs are present, and both spouses acknowledge it, or if evidence is established, then this is considered a divorce that does not take effect; because in the intensity of anger, he may have lost his sanity, lost control of himself, and lost the ability to restrain himself from divorcing due to the intensity of the anger. This is the stronger opinion among the scholars' statements: that it does not take effect, and this is what we issue as a ruling, as the scholar Ibn al-Qayyim (may Allah have mercy on him) and his teacher Abu al-Abbas, the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), preferred this view, and a group of scholars held it.
If his anger becomes intense for clear reasons, such as fighting, cursing, or other clear causes, but his awareness remains with him; he has some awareness left, he knows what came from him, but his anger has intensified to the point where he is unable to control himself. In this case, the correct view is that his divorce does not take effect, just as in the case of the one who lost his awareness.
The third state: he becomes angry with ordinary anger that does not prevent him from reasoning, and he controls himself. This takes effect by consensus. This last case, where he became angry but it is not called intense anger, rather ordinary anger; I spoke to her in a way that angered her, or I found something in her that angered me, but he has his awareness with him, he controls himself, and he does not have an intensity that makes anger dominate him, such that he has lost his sanity by sixty percent, fifty percent, or seventy percent, meaning: half or more, meaning: his awareness has disappeared by half or more, and his anger has intensified with him. In this case, his divorce does not take effect. As for the one who became angry but his predominant awareness remains with him, his divorce takes effect according to all scholars, according to all people of knowledge.
The presenter: May Allah reward you, and may Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.