Does a divorce issued by a husband while angry and unable to control his nerves count, given that he uttered the divorce three times in one sitting, saying: "You are divorced," then turned to me and said, "You are thrice divorced," and then turned again and said, "You are thrice divorced," knowing that she is not pregnant and was in a state of purity, and that he did not intend divorce? And does the wife become unlawful to him in this case, and what should she do?
Divorce does not depend on attestation, but attestation may prove its occurrence in court. If there is no evidence of divorce, the wife remains legally married to him, but she is effectively divorced between her and her Lord. Your divorce is considered an explicit divorce that does not require intention. According to the majority of scholars, your husband's utterance of divorce three times necessitates a major, irrevocable divorce (baynunah kubra), meaning you are not permissible for him until you marry another husband. However, Ibn Taymiyyah holds that uttering divorce three times in one period of purity constitutes a single divorce. The divorce of an enchanted person does not take effect if he is unaware of what he is saying or if his will is overcome. Similarly, the divorce of an angry person does not take effect if his anger is so severe that he does not know what he is saying.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/127420
- Source platform
- Ftawy
- Original fatwa ID
- 127420
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy