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The question

Does a divorce that occurred verbally between the spouses, not by intention, take effect?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man divorces his wife with an explicit utterance like "You are divorced," one divorce (talaq) occurs, even if he did not intend divorce. However, if the divorce was uttered under the influence of extreme anger that caused him to lose consciousness or compelled him to divorce, then it does not count, according to a group of scholars.

Anger is divided into three states:

1. First State: Complete loss of consciousness. In this state, divorce does not count by the consensus of scholars.

2. Second State: Intense anger that did not completely cause loss of consciousness but compelled him to divorce. In this state, divorce does not count, according to the sounder opinion.

3. Third State: Ordinary, non-intense anger. In this state, divorce counts by consensus.

If it was the first or second divorce, he may reconcile with her as long as she is within her waiting period (iddah). If the waiting period ends, she can only return to him with a new contract and a new dowry. One should be cautious about uttering words of divorce.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
11094
Imported
Translation status
Source text, unreviewed
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