Is it permissible for a husband to take back his wife after he has uttered several oaths of divorce against her in states of extreme anger, knowing that she has borne him two children?
We advise the questioner to approach the scholars in their country to recount the details of their situation. We also draw attention to the following:
1. The divorce of an angry person does not take effect if their anger is so severe that they do not comprehend what they are saying. However, if they comprehend what they are saying, then their divorce is effective.
2. Conditional divorce takes effect upon the fulfillment of the condition, according to the majority of scholars. Ibn Taymiyyah, however, stated that it necessitates an expiation for an oath (kaffarat ) if there was no intention of divorce.
3. Divorce via message has the same ruling as written divorce. If the husband intended it, then it is effective; otherwise, nothing is upon him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 106275
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy