Does a divorce take effect if the husband speaks to his wife over the phone, knowing that he uttered the divorce conditioned on her not sending a picture of their daughter before his return, and that he made this decision in a state of extreme anger and psychological distress?

The majority of scholars hold that divorce occurs when one swears by divorce and the condition sworn upon comes to pass. However, Sheikh Al-Islam Ibn Taymiyyah is of the opinion that swearing by divorce is treated like an oath: if the condition sworn upon comes to pass, the swearer must pay expiation for an oath, and no divorce occurs.

According to the view of Sheikh Al-Islam Ibn Taymiyyah, the man can speak to his wife, and he owes expiation for an oath (feeding or clothing ten needy persons; if he cannot find them, then fasting for three days). However, according to the view of the majority (which is the one issued in fatwas), if he speaks to his wife, she is divorced. The divorce can be avoided by convincing them to send the picture before he returns to his country.

Anger does not prevent the occurrence of divorce unless it reaches the point of incapacitating one's awareness. As long as the matter is a subject of scholarly disagreement, it is preferable to refer to the Sharia court or trustworthy scholars for a ruling. The man should be advised to avoid swearing by divorce during disagreements and to avoid the causes of anger.