Does divorce occur by saying "you are such and such" three times after the wife requested a divorce and while in a state of extreme anger, knowing that the marital relationship has exceeded thirty years and the husband had intercourse with her before the problem?
The we follow states that a divorce issued during a period of purity (tahr) in which intercourse has occurred is effective, despite being an innovated (bid'i) divorce. Similarly, the divorce of an angry person is effective as long as he uttered it consciously and not completely overcome by his anger to the point of losing his mind. If you uttered the divorce unconsciously and without choice, then your divorce is not effective. However, if you uttered it consciously and by choice, then your divorce is effective. It counts as one divorce if you intended it as one and repeated it for emphasis, and three if you did not intend emphasis.
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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