Fatwa ID: 01553

Answered by Mufti Mohammed Tosir Miah

Question:

Last night I had a fight with my wife and in extreme anger I said that,'' I have given you your second divorce''. Whereas I did not say that,'' I have divorced you for the second time''. Would this talaq be valid.

Answer:

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

The jurists have categorised anger into three stages:

1. The initial stage of anger where ones 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)

Regarding your question, saying I have given you your second divorce will constitute a second divorce, if you were aware of what you were saying and in control of your actions. 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.