Does the divorce of an angry person take effect?
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The questioner asks His Eminence the Shaykh about the divorce of the angry man?
Answer: The angry man has three states:
The first is that his intellect is removed due to the intensity of the anger, so he does not distinguish and does not control what he says; in this case, his divorce does not take effect, just as with a madman.
The second state is that the anger becomes intense with him until he is unable to control himself due to the intensity of the anger, or due to cursing or fighting; these are clear causes that make his anger intense. The scholars differed regarding this state: some held that the divorce takes effect in it, while others did not hold that it takes effect and linked it to the first state. This is the more apparent and closer view: that it is linked to the first state if the causes of the intensity of the anger are clear. For some people claim intense anger, yet there are no causes that necessitate intense anger. However, whenever the causes are clear, such as fighting between two people, or between a man and his wife, or between him and her father or her brother or the like, and cursing and mutual abuse from which the intensity of the anger is apparent and clear, and the woman is believed, or the witnesses are believed in that, then the divorce does not take effect according to the correct view. As for merely claiming intense anger without evidence or sufficient explanation.
The third state is anger that is not intense; the ordinary kind. In this case, the divorce takes effect according to all scholars. It is the ordinary anger in which there is no clear intensity. So, according to all scholars of knowledge, the divorce takes effect in it. Yes.
Answer: The angry man has three states:
The first is that his intellect is removed due to the intensity of the anger, so he does not distinguish and does not control what he says; in this case, his divorce does not take effect, just as with a madman.
The second state is that the anger becomes intense with him until he is unable to control himself due to the intensity of the anger, or due to cursing or fighting; these are clear causes that make his anger intense. The scholars differed regarding this state: some held that the divorce takes effect in it, while others did not hold that it takes effect and linked it to the first state. This is the more apparent and closer view: that it is linked to the first state if the causes of the intensity of the anger are clear. For some people claim intense anger, yet there are no causes that necessitate intense anger. However, whenever the causes are clear, such as fighting between two people, or between a man and his wife, or between him and her father or her brother or the like, and cursing and mutual abuse from which the intensity of the anger is apparent and clear, and the woman is believed, or the witnesses are believed in that, then the divorce does not take effect according to the correct view. As for merely claiming intense anger without evidence or sufficient explanation.
The third state is anger that is not intense; the ordinary kind. In this case, the divorce takes effect according to all scholars. It is the ordinary anger in which there is no clear intensity. So, according to all scholars of knowledge, the divorce takes effect in it. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
