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The question

Does a divorce issued by a husband while in a state of severe illness, exhaustion, and emotional distress take effect, given that he uttered it six times, and considering that his wife was menstruating and they have four children?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Anger does not prevent the occurrence of divorce unless it is so severe that it overwhelms the person's mind, making them unaware of what they are saying. If the husband utters a divorce while unconscious, his divorce does not count. However, if he is aware of what he is saying, his divorce is valid, even if the wife is menstruating. This is the view of most scholars.

The number of divorces that count depends on the husband's intention behind repeating the word of divorce. If he intended to issue a single divorce and repeated the word for emphasis, then only one divorce counts. But if he intended to initiate multiple divorces, or had no specific intention, then three divorces have occurred, resulting in a major separation (baynunah kubra). This is the view of the majority of scholars, in contrast to Sheikh al-Islam Ibn Taymiyyah, who holds that only one divorce counts. It is preferable to present such matters to a Sharia court or to trustworthy scholars.

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Ftawy
Original fatwa ID
126666
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