Fatwa No : 83467
Talaq three times or the Talaq given in anger
Fatwa Date : Ramadan 1, 1422 / 17-11-2001
Does the Talaq become absolute by merely saying it three or more times or is there any exceptions depending on the circumstances.
Praise be to Allah, the Lord of the World; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
If one divorces his wife delivering three divorces at once in a word such as by saying: 'You are divorced thrice' or by repeating the word of divorce thrice such as 'You are divorced, you are divorced, and you are divorced, his wife becomes completely separated from him. He can not bring her back to his conjugal life unless she marries another man and has sex with that man. After that if she got divorced from her second husband willingly then it is lawful for her previous husband to remarry her as a new wife completing all the marriage conditions. This is the opinion of the majority of the Muslim scholars. For more details please read the Fatwa:82330.
As for the divorce given in anger its rule varies based upon the condition of anger itself as the Imam Ibn al-Qayyim elaborated this subject saying: 'the divorce delivered in anger is of three kinds based upon the extremity of the fury of the person.
A) He gets angry but not so extreme. He controls himself and perceives his words and actions, the divorce of such person is valid without any objection.
B) The person gets furious and his anger is so high that he no longer has control over his mind and is no longer aware of his actions and words, no doubt the actions and words of such person are not effective legally.
C) The person whose condition is between these two conditions. He becomes extremely angry, but he does not reach the degree of an insane person as mentioned in the second condition, not loosing his mind totally. The Muslim scholars differ concerning the rule of such a person. However, the rules of Shariah prove that the words of such person also are not effective.
Abu Dawood narrates from Aisha (May Allah pleased with her) that the Prophet said: "There is neither divorce, nor emancipation during enclosure".
The word "enclosure" means here that a person no longer be able to think and loses his mind.
Allah knows best.
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