Husband giving Talaq to his wife in anger

CategoriesDivorce [525]

Fatwa ID: 01660

Answered by Mufti Mohammed Tosir Miah

Question:

Husband giving Talaq to his wife in anger 

 Answer:

Bismillah

Your question will be looked at in two ways. Firstly, the issue of three talaqs and whether three talaqs occur or not. Secondly, talaq given in the state of anger.

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 raḥimahullāh (may Allāh have mercy upon him) 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 raḍyAllāhu 'anhu (may Allāh 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)

Regarding the second situation, 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)

From the facts of the case you have sent to Darul Ifta is seems to me that your husband was aware and had control of what he was saying. He was repeatedly asking you do you want a talaq. Plus, there was the discussion of talaq, hence,  in the aforementioned scenario three talaqs will occur and you will now become unlawful for your husband.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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