Is it permissible for a husband to remain with his wife after he has divorced her three times, knowing that on the first two occasions he took her back on the same day, and on the third occasion he regretted divorcing her and one of the scholars issued a fatwa allowing their return after paying expiation?
Scholars have differed concerning the divorce of an angry person. The majority of them hold that it takes effect unless the anger reaches a level that removes a person's awareness and perception. Whereas some, like Ibn Taymiyyah and Ibn al-Qayyim, held that divorce does not take effect if the anger was so severe that it compelled him to it, and the divorcer did not intend divorce. They equated this state with the loss of consciousness. As for expiation by feeding twenty poor people, it has no basis. The enquirer is advised to assess the degree of his anger: if it deprived him of consciousness and awareness, then the divorce does not take effect; but if it was ordinary anger that did not deprive him of perception, then it is a valid divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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