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The question

What is the ruling on a man divorcing his third wife over the phone while he is on his way to Fajr prayer, with no witnesses to his anger, and does the hadith: "There is no divorce and no manumission in a state of duress (ighlaq)" apply to his situation?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The state of anger is the reference for determining the ruling on divorce, not anything else mentioned. Anger is divided into three categories:

1. Its beginning: Divorce occurs in this state, because most divorces happen out of anger. 2. Its end (severe incapacitation): Divorce does not occur, and there is a reported consensus on this. 3. Its middle: Scholars differed on this, and our is that the divorce of an angry person is valid unless he has lost control of his intellect.

Therefore, one should consider which of these states the divorcer was in at the moment of divorce to rule on its validity or invalidity.

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Ftawy
Original fatwa ID
135809
Imported
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