Wednesday, 5 October 2011

He divorced his wife three times in a moment of anger

 

-3-

Extreme anger in which the person does not lose control and
is aware of what he is saying and doing, but he cannot stop himself because
the arguments, insults and fighting have gone on for too long. 

This is the type of anger concerning which the scholars
differed as to whether a divorce issued in this state counts as such. The
most correct view is that it does not count as such, as was stated by Shaykh
al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allah have mercy on
them). 

Ibn al-Qayyim said:  

Anger is of three types: 

-1-

That in which the person loses his mind and is not aware of
what he is saying. Divorce does not count as such in this case, and there is
no scholarly difference of opinion concerning that. 

-2-

That which is not so intense as to affect a person’s
understanding the implications of what he is saying. Inthis case divorce
counts as such. 

-3-

That which is intense and strong, but not to the point of
losing his mind completely; however it is so intense that he does not
realize the implication of what he is saying, and he regrets what he did
once the anger passes. This is a matter that is debatable and the view that
suggests that the divorce does not count as such is strong and valid. 

End quote from Zaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad,
5/215. 

See also the answers to questions no.
22034,
110797 and
45174. 

What appears to be the case from your question is that the
divorce you uttered was of this type, in that you could not control yourself
or what you were saying, even though you were aware of what you were saying
and understood what it meant. 

Hence your divorce does not count as such according to the
more correct scholarly opinion concerning this matter. 

But if your anger was of the first type -- and you know
better about your situation than we do -- then it counts as one talaaq. 

Your uttering the word of divorce three times only counts as
one talaaq according to the more correct opinion. This has been discussed
previously in the answers to questions no.
96194 and
152067. 

To sum up: if you issued the divorce in a state of extreme
anger, it does not count as such. But if it was a case of ordinary, mild
anger, then it counts as one talaaq. 

And Allah knows best.

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