Fatwa ID: 08978
Answered by Maulana Abdurrahman Persaud
Question:
I had a huge fight with my wife 10 years back and we were fighting for 2 days with I haven’t eaten for 2 days during fight . I was drained , emotional exhausted and overwhelmed to the point of loss of my senses. On third night she stared fighting again and she is diagnosed with mental health issues and anger. She was screaming , yelling and shouting to a point where I was out of my senses due to extreme anger and frustration. I had no intention to divorce her but she was screaming one word divorce and I was out of my senses said divorce, divorce . I was extremely angry and she stopped yelling . I was surprised because I didn’t recall what I said and she stated crying and said you divorce me . I was shocked but I told her I went blank out and emotionally not stable and said o don’t remember what o said and you told me I said divorce .this happened 10 years back I am writing now because we checked a forum and thought it is invalid.
Now second time again after 10 years I never threat her to divorce or give . I had developed anger issues to extent that whet extreme anger I lost control over myself not realising what I am doing as I tried to break stuff when I had a major fracture surgery of my leg compromising my own health and safety and I didn’t realize this.
Few weeks back again due to panic attacks of my wife and mental health issues she started yelling , screaming , shouting and self harming her self and me : out of anger I threw a toy car at her head , I didn’t know and have no control over my mind. She again yelling shouting and I said divorce which I never intended nor I was normal state of mind.
All this happened when I am extremely angry out of my mind and she frustrated me to an extent that my mind stop working
Can you answer if my marriage still valid and these divorces are invalid as with Fear of Allah I was not in my senses
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
May Allah ﷻ make your trials a means of reward for you in the hereafter and bring ease to your difficulties.
In light of the question asked, despite you came to a point where you lost all of your senses and lost control over your actions, you recalled issuing the divorce, so it will fall and the marriage will be dissolved.
Divorce in the state of anger would occur, but to the extent where the anger drives a person to insanity and madness is as follows:
A. 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, so the divorce will occur.
B. 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.
C. The person in anger is between the 2 mentioned categories; he is not conscious but does not reach the state of insanity. In such a case, divorce will still occur.[2]
So observing the following guide lines divorce has taken place.
Only Allah ﷻ knows best.
Written by Maulana Abdurrahman Persaud
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
أَبِي هُرَيْرَةَ رَضِيَ اللهُ عَنْهُ أَنَّ رَجُلًا قَالَ لِلنَّبِيِّ صلى الله عليه و سلم أَوْصِنِي. قَالَ:
“لَا تَغْضَبْ، فَرَدَّدَ مِرَارًا، قَالَ: لَا تَغْضَبْ” .
[رَوَاهُ الْبُخَارِيُّ].
[2]
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.
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