Divorce in anger

CategoriesDivorce [567]

Sir, almost three months back myself and my wife we were staying alone in Bahrain just before ramadan we both had a big fight and that time she was in her monthly cycle in fact the matter was out of hands and we beat each other were totally out of control mentally and physically as well and in anger she first gave Talaq to me by taking Allah as Gawah to which i also get anger and called her parents in India and inform the same and then called my family as well and was talking to them and they tried to console both of us but we never stopped during that time she was still shouting at me and using bad language and I the highest level of my anger talking to my mummy and Bahbi I said i take you (bhabi) as gawah and divorce her (thrice) all at once* which I even doesn't recollect it and my bhabi says I said it thrice.
 
After 3 days she went to India and since then she is staying at her house and both of us are not in physical contact since then. But we talk once in a while. and willing to come back to each other and since that day till today have not talked about divorce at all nor she remembers the incident and she has not inform her parents about it as well.
 
My question to you sir is does my Talaq counts or not under this conditions. As I am confused have ref to so many fatwas and everywhere its different.
 
And secondly if you’re really out of our mind and pronounced divorce without knowing the consequences of it does it counts. 

In the name of Allah, the most Beneficent, the most Merciful.

Answer

We will look at your question in three parts.

  1. Three talaqs.
  2. Talaq in anger.
  3. Talaq in the state of period or nifaas.

If a person pronounced three divorces at once in any way then three divorces will occur. This can be proven through the following Hadeeths:

Sayyida A’isha (RA) reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari)

Sayyiduna Hasan ibn Ali (Allah be pleased with him) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather The Prophet of Allah (Allah bless him & give him peace) say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan Baihaqi)

With regards to giving talaq or divorce in anger 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)

Normally it can be said that the anger does not reach the level of insanity as mentioned above therefore divorce is valid and will take place.

However in circumstances where it is claimed that the anger was such that a person lost his sanity, then in those occasion it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witness or one male and two female witnesses testifying that in fact on that occasion the person had in deed lost his sanity, then the divorce will not take effect. (Ibid)

Finally, with regards to divorce in the state of haidh or nifas, the same way three talaqs in one sitting is unlawful and sinful but if he does so, the talaq is valid and comes into effect, the same can be said regarding talaq in the state of haidh or nifas. (Fatawa Hindiyyah p.349 v.1)

In conclusion if you do not have a previous medical condition or have not been certified by a medical practitioner as someone when losing his anger does not know what he is saying or doing then three talaqs will take place and she has now become unlawful for you. (Fatawa Hindiyyah p.526 v.1)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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