What is the ruling of Islamic law regarding a man divorcing his wife in two cases: first, his saying to her before consummation, "If you go out with your mother, you are divorced," while he was angry; and second, his saying to her after consummation, "You are divorced by three and forbidden to me until the Day of Judgment," while he was angry and during a period of purity in which he had intercourse with her?
If the wife leaves after her divorce was made contingent upon her leaving, then she is divorced. This divorce has several scenarios:
If the divorce occurred before consummation or valid seclusion: The wife becomes irrevocably separated, and she cannot be taken back except with a new contract. If you take her back without a contract, your return is invalid and the marital bond ceases. If the wife did not leave, or she left and you entered into a new contract with her, and then you uttered the triple and prohibitive divorce ( al-thalath wa al-tahrim): The wife becomes irrevocably separated by a major irrevocable divorce (baynunah kubra), and she cannot be taken back unless she marries another man in a marriage of desire, and he consummates the marriage with her, and then he divorces her or dies, and her waiting period () expires.
Divorce pronounced during menstruation or during a period of purity in which intercourse occurred is an innovated divorce (talaq bid'i), but it is effective. Similarly, the divorce of an angry person is effective as long as he has not completely lost awareness, and this is the view of the majority of scholars. Some scholars, such as Ibn Taymiyyah, are of the view that a contingent divorce intended for threat or emphasis does not occur, and it requires an expiation for breaking an oath (kaffarat ). They also hold that a triple divorce counts as one, and that divorce during menstruation or a period of purity in which intimacy occurred is not effective, and that the divorce of a severely angry person is not effective even if his mind has not been completely lost. It is advisable to present the matter to trustworthy scholars.
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