Is a divorce that was issued under the influence of severe anger, fatigue, lack of concentration, and sleeplessness valid?
Preserving the stability of married life is an important Shar'i objective, and intense anger leading to divorce is a bad thing with dire consequences. Scholars have differed regarding the ruling on the divorce of an angry person, and the preponderant opinion () with us is that his divorce takes effect as long as he is aware of what he is saying.
If you uttered the divorce in the first two instances while being aware of what you were saying, then two divorces have occurred thereby.
As for the third instance, if you wrote the divorce while being aware of what you were writing, then writing divorce is a metaphorical expression (kinayah). If you intended divorce by it, then it is a third divorce whereby your wife becomes irrevocably divorced (baynunah kubra), and she is not lawful for you until she marries another husband. If you did not intend it, then it does not take effect.
As for your statement "addict," if you mean intoxication, then jurists have differed regarding the ruling on the divorce of an intoxicated person, and the majority () have ruled that it takes effect.
All of this is based on the preponderant opinion with us, and it is advisable to consult scholars.
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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