Does a divorce issued twice by a husband take effect, once in a state of anger, and the other during a period of purity in which he had intercourse with her, given their desire to continue the marriage? Is it permissible to adopt the view of Ibn Taymiyyah that a bid'i (unlawful/innovated) divorce does not take effect? If that is permissible, is expiation (kaffarah) obligatory upon the husband? Is it permissible to take fatwas (religious edicts) from the internet?
Scholars have differed regarding the occurrence of bid'i (innovative) divorce and divorce by oath. The majority of scholars hold that both types of divorce occur, and this is the relied-upon fatwa. However, Ibn Taymiyyah and Ibn al-Qayyim were of the opinion that they do not occur. It is permissible to adopt the second opinion if one is convinced by its evidence or trusts the one who issued the fatwa, not merely out of a desire for concessions. As for online fatwas, there is no harm in them if the source is trustworthy and the fatwa accurately addresses the questioner's situation. Conditional divorce, bound by an oath, occurs when the condition is met. Anger does not prevent the occurrence of divorce unless it reaches a degree where the individual loses awareness.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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