Is it permissible to take back one's wife after divorcing her in a state of anger and drunkenness, knowing that she went to a place her husband had forbidden her from, telling her: "You are divorced if you go to this place"? Is this considered a first or second divorce, and what is the legal ruling and advice related to these matters?
The jurists differed concerning the divorce pronounced by a drunken person who is unaware of what he is saying. The majority are of the opinion that it is valid, while some hold that it is not valid, and this is the more preponderant view. If you were unaware of what you were saying, then your divorce is not valid. However, if you were aware of your actions, then your divorce is valid.
As for anger, it has conditions which we have explained previously, under which divorce may or may not occur, and you are the reference point for determining your state at the time you pronounced the divorce.
Your statement to your wife: "You will be divorced if you go to this place," and she did go, results in the divorce taking effect according to the majority of jurists, whether you intended divorce or merely a threat. This divorce takes effect if the wife is under your marital bond or within her waiting period (iddah) from a revocable divorce. If her waiting period has expired, no divorce takes effect if the condition is met after the iddah.
If this pronouncement was the first or second, you may take your wife back as long as she is within her waiting period.
It appears that the conditional divorce occurred during the waiting period. If that is the case, then her divorce has occurred, and it would be the second pronouncement if there was no pronouncement before it. You may take your wife back as long as she is within her waiting period.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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