Fatwa ID: 08974
Answered by Maulana Abdurrahman Persaud
Question:
I have a history of anxiety and anger issues where i cant control what i say when i am in this state. Family can also vouch for this and therapy has also been discussed in the past.
During a argument with my wife she decided to pack her bags. We live at my parents and i went into a panic mode. I told my mum that was happening and i was visibly emotional at this time which is unlike me. My mum was talking to her and i had locked myself in a different room at this time, but i had a sudden cold rage where i couldnt even remember or understand what i was doing, i mentioned to my mum if she wants to go then i can say talaq talaq talaq
I then went towards her and said if thats what you want then talaq talaq talaq
And text her brother to say he can his sister back and that ive said talaq.
I could hardly recollect this it was only in the morning i could remember sending the text.
I have also been prescribed meds for my anger/anxiety fits in the past.
In this situation i in a cold rage and had no idea what was said, i have history of becoming like this in tense situations where the anxiety and anger makes me lose control. Would divorce still be valid as there is no situation where i actually want divorce.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
I sincerely ask Allah ﷻ to give you comfort in these trying times and to make your trials a means of tremendous reward for you in the Hereafter.
In almost all divorces that take place, it happens in anger; very seldom you will find couples issuing divorces whilst in harmony.
Giving the circumstances that you remembered in the morning then divorce will occur since this anger didn’t reach the level of insanity.
Divorce in the state of anger will occur, but divorce in the state of anger to the extent where the person loses control can be categorized as follows:
The person in anger is conscious of his words and actions at the time of issuing the divorce, but the rage of anger causes him to issue the divorce, and then the divorce will occur.
The person in anger loses complete control of his actions and words due to insanity because of anger, so such a divorce will not occur.
The person in anger is between the 2 mentioned categories; he does not reach the state of insanity. In such a case, divorce will still occur.[1]
It is very important to know at the moment what you intended when you issued the three divorces, was it intended to be three or the repetition of three was for emphasis.
If there happens to be a disagreement between the husband and wife on what was intended, then the woman in this case can judge for herself as to avoid being in haram relationship and opt for a khu’la or pay for a divorce.[2]
Only Allah ﷻ knows best.
Written by Maulana Abdurrahman Persaud
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
مَطْلَبٌ فِي طَلَاقِ الْمَدْهُوشِ وَقَالَ فِي الْخَيْرِيَّةِ: غَلِطَ مَنْ فَسَّرَهُ هُنَا بِالتَّحَيُّرِ، إذْ لَا يَلْزَمُ مِنْ التَّحَيُّرِ وَهُوَ التَّرَدُّدُ فِي الْأَمْرِ ذَهَابُ الْعَقْلِ. وَسُئِلَ نَظْمًا فِيمَنْ طَلَّقَ زَوْجَتَهُ ثَلَاثًا فِي مَجْلِسِ الْقَاضِي وَهُوَ مُغْتَاظٌ مَدْهُوشٌ، أَجَابَ نَظْمًا أَيْضًا بِأَنَّ الدَّهْشَ مِنْ أَقْسَامِ الْجُنُونِ فَلَا يَقَعُ، وَإِذَا كَانَ يَعْتَادُهُ بِأَنْ عُرِفَ مِنْهُ الدَّهَشُ مَرَّةً يُصَدَّقُ بِلَا بُرْهَانٍ. اهـ. قُلْت: وَلِلْحَافِظِ ابْنِ الْقَيِّمِ الْحَنْبَلِيِّ رِسَالَةٌ فِي طَلَاقِ الْغَضْبَانِ قَالَ فِيهَا: إنَّهُ عَلَى ثَلَاثَةِ أَقْسَامٍ: أَحَدُهَا أَنْ يَحْصُلَ لَهُ مَبَادِئُ الْغَضَبِ بِحَيْثُ لَا يَتَغَيَّرُ عَقْلُهُ وَيَعْلَمُ مَا يَقُولُ وَيَقْصِدُهُ، وَهَذَا لَا إشْكَالَ فِيهِ. وَالثَّانِي أَنْ يَبْلُغَ النِّهَايَةَ فَلَا يَعْلَمُ مَا يَقُولُ وَلَا يُرِيدُهُ، فَهَذَا لَا رَيْبَ أَنَّهُ لَا يَنْفُذُ شَيْءٌ مِنْ أَقْوَالِهِ.
ج3 – ص244 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – مطلب في تعريف السكران وحكمه – المكتبة الشاملة
[2]
ZAKARĪYYĀ FATĀWĀ DĀR AL-‛ULŪM, VOLUME FOUR