What is the validity of a triple divorce pronounced with the condition of raising one's voice in a state of extreme anger? Does it take effect if the wife is menstruating? And what is the ruling after the wife has been returned to the husband's عصمة (bond of marriage) based on the fatwa of a local sheikh?
The divorce of an angry person is effective if he comprehends what he is saying, and it appears that the questioner understood what he was saying. The majority of jurists hold that a conditional divorce becomes effective upon the fulfillment of the condition, even if divorce was not intended by it. Therefore, if the questioner conditioned his wife's triple divorce on her not remaining silent, and she did not remain silent, then a triple divorce has occurred according to the majority, which is the preponderant opinion. She is not lawful for him until she marries another husband in a marriage of desire and he divorces her after consummation.
Shaykh al-Islam Ibn Taymiyyah is of the view that the questioner is liable for an expiation for breaking an oath if he did not intend divorce. Menstruation does not prevent the occurrence of divorce according to the majority, which is the preponderant opinion, whereas Shaykh al-Islam Ibn Taymiyyah holds that it does not occur because it is an innovated (bid'i) and forbidden divorce. It is permissible to follow the madhhab of Shaykh al-Islam Ibn Taymiyyah for one who trusts in his knowledge and piety.
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- Original fatwa ID
- 122254
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