Saying three Talaqs in anger

Fatwa ID: 02516

Answered by: Molana Muhammad Adnan

Question:

I have been married for 10 years, we have 2 children.
One day we had a big argument which involved my family my anger took over my mind and I said talaaq 3 times.
Since childhood I have had a really bad anger for example once I hit a table on my head and once I hit a glass window without intention, my anger takes over my mind which doesn't allow me to think what's going on, it feels like my brain is not working, when i am in that intense anger I do not realise what's happening around me and what I am doing, or even what I'm saying

This incident took place around 4 years ago, I consulted a few mufti's and sheikhs.

They said to me that firstly talaaq does not count in the anger where you have no idea of what your saying or doing, that is classed as majnoon.
If you had past history where you have lost your mind then your talaaq will not be counted, also in one sitting you can say talaaq as much as you want but it will only count as one. So I agreed to that and started living normal with my wife.
Now my wife is 8 months pregnant and she has a doubt that our talaaq has happened.

Could you please advise us what to do and if our talaaq has happened. In the state of extreme anger where the anger takes over your mind and they was no intention to give or say talaaq does talaaq take place?

Answer

بسم الله الرحمن الرحي

The jurists have categorised anger into three stages:

1. The initial stage of anger where one's mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v.4)

Therefore, in the second situation, if your anger reached the level of insanity where you couldn’t distinguish between right and wrong then talaq will not take place.

Coming to your question, ideally, you should get checked by a few Doctors and have them confirm the level of your anger. If they confirm you have anger to the level of insanity then it will be better to have that paperwork so you can resort to it if this happens in future. If it is not that level of anger then you need to separate immediately and all the rulings that apply to a divorced couple will apply.

Only Allah Knows Best

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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