Did divorce occur due to anger and misunderstanding when he said, "Upon me be divorce from you if you say what happened," and then, "I divorce you," knowing that the intention was not divorce? And can the husband take his wife back after this incident?
The answer is summarized in the following points:
1. The husband's anger does not prevent the occurrence of divorce as long as his intellect is sound. 2. A divorce conditional on a reason that is later found to be absent does not occur. This is the preponderant opinion. 3. Regarding swearing by divorce: The fatwa (religious legal opinion) we follow is that divorce occurs upon breaking such an oath. However, some scholars differentiate between intending to effect a divorce and intending to merely threaten. 4. In the event of a divorce occurring after a valid seclusion (khalwa sahiha): It is considered an irrevocable divorce (bain) according to most scholars, and remarriage is not permissible except with a new contract. As for the Hanbalis, they consider valid seclusion to be equivalent to consummation, and therefore, revoking the divorce is permissible without a new contract. 5. In summary: The explicit divorce due to misunderstanding did not occur. However, if you broke your oath of divorce, then your divorce has occurred, and the more cautious approach is a new marriage contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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