Does a divorce issued by a husband in a state of extreme anger, agitation, cursing, swearing, and hitting, to the point where he lost his mind and became like a madman, and which concluded with him sending a text message stating: "You are divorced," take effect?
It is not permissible for a husband to insult his wife, beat her, or break household utensils.
If the husband wrote a divorce note, then the husband should be asked about his intention. If he intended divorce, it takes effect; otherwise, it does not. Anger does not prevent divorce from taking effect as long as the husband is aware of what he is saying.
If the husband uttered the divorce while beating his wife and wrote a divorce note, then the spoken divorce is effective if the husband was aware of what he was saying; otherwise, it is not.
As for the note, the ruling regarding it is as previously stated. The majority of scholars hold that divorce by writing takes effect and is considered a second divorce if preceded by one. The husband may reconcile with his wife before the expiry of her if the total number of divorces has not reached three. Sheikh Al-Islam Ibn Taymiyyah holds that multiple divorces pronounced in a single sitting do not count as separate divorces. However, the view of the majority is the more preponderant one.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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