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Fatwa CenterImplicit Words of Divorce in the State of Anger
Question
I’m Abdale. I said “I set you free” to my wife after emotional collapse. She had provoked me to divorce her. I was sleep-deprived, in debt, not praying, addicted to video games, and mentally overwhelmed from work, fatherhood, and stress. This was the third time, but all incidents happened within one year during breakdowns. I seek a fatwa: Was this talaq valid? Can we reunite Islamically?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu 'alayhi wa sallam, is His slave and Messenger.
Most scholars are of the view that anger - no matter how intense -does not prevent a divorce from taking effect, unless the anger reaches the point where a person completely loses his mental awareness. This is the view that we adopt here in Islamweb.
As for the phrase you uttered, it is not an explicit statement of divorce; rather, it is considered an implicit expression (Kināyah) of divorce, and divorce does not take place through such expressions unless accompanied by the intention to divorce. It is mentioned in Mughni al-Muhtāj, a Shāfiʿī book: “If a man says to his wife: ‘I have freed you’ or ‘I have no authority over you,’ and he intends divorce by that, then divorce takes effect; otherwise, it does not.” [End quote]
So, if you did not intend to issue a divorce with that statement, then the divorce has not taken place.
However, if you did intend to issue a divorce with that statement, then it is considered a valid divorce. And if you had already divorced your wife twice before this incident, then this would count as the third and final divorce, and she is now irrevocably divorced from you with major separation, in the sense that you may not take her back unless she marries another man in a genuine marriage (not one intended just to make her lawful for you again), and he consummates the marriage with her and then divorces her or passes away, and her ‘Iddah (waiting period) ends.
Since the situation involves possibilities and details that may vary, it is best that you present your case directly to a knowledgeable and trustworthy scholar, such as someone at a local Islamic centre or similar institution in your area.
Be aware that neglecting prayer is a serious matter. Prayer is the most important act of worship after having the correct belief in Allah, and there is no share in Islam for anyone who abandons it.
Likewise, being addicted to games and wasting time on them is a clear loss.
So fear Allah, repent sincerely to Him, and beware of being carried away with anger as anger is a key to the doors of evil. It has been reported on the authority of Abu Hurayrah 
that a man once asked the Prophet, sallallahu 'alayhi wa sallam, for advice, and the Prophet, sallallahu 'alayhi wa sallam, replied: “Do not get angry.” The man repeated that several times and he (the Prophet, sallallahu 'alayhi wa sallam) replied: “Do not get angry.” [Al-Bukhari]. Ibn Rajab
commented: “This indicates that anger is the source of all evil, and abstaining from it is the source of all good.” [End quote]
Allah knows best.
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