Is a divorce valid if the husband pronounced it in a state of anger?

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Is a divorce valid if the husband pronounced it in a state of anger?

If the husband pronounces a divorce upon his wife while he is rational and does so of his own free will, then it is counted. As for the man who is coerced (forced by others), or is in a state of insanity, or in a state of severe and fierce anger that alters his rationality, then the divorce is not counted as is well-known among the scholars.

If, however, the anger of the man is intense, but it does not affect his rational thought or senses, then there is a well-known difference of opinion among the scholars as to whether it is counted or not.

As for mild anger, then in that state, the divorce is counted according to the consensus of the scholars. Therefore, from this we know that anger in the pronouncement of divorce falls into three categories:

  1. A pronouncement where rationality and the sense of the man are removed. In this case, the talāq (divorce) does not count according to the consensus of the scholars. This is the same as the insane man pronouncing divorce, or one who is feeble-minded or has lost rational thought. These are excused from being held responsible for their actions. Likewise is the case for the sinful drunkard (who loses his senses), according to the stronger of the two opinions among the scholars.
  2. Where the man is intensely angry and feels compelled to divorce his wife. However, his senses are not altered by the anger. The scholars differ in this case, and the stronger view is that this divorce is not counted – and this was the view of Ibn Taymiyyah, Ibnul-Qayyim and Ibn Bāz (rahimahullāh).
  3. A case where the man’s anger is slight. So, this does not prevent the divorce from being counted according to the agreement (ijmāʿ) of the scholars.

See Ibn Bāz, Fatāwā Islāmiyyah, 6/39-40, Dārus-Salām.

Abu Khadeejah.

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