Does the divorce I issued to my wife by saying, "You are divorced, by three, and you are forbidden to me like the حرمة (sanctity/prohibition) of a daughter to her father" – or "You are divorced, divorced, by three, and you are forbidden to me like the حرمة (sanctity/prohibition) of a daughter to her father" – take effect, given that it was said in a state of anger and we have two children? And is it permissible for me to take her back?
The relied-upon opinion is that intense anger does not prevent the enforceability of divorce, unless it removes one's sanity. And that divorce pronounced with the word "thrice" counts as three divorces. Therefore, if your anger did not remove your sanity, you have divorced your wife three times, and she is irrevocably separated from you (baynunah kubra). She is not lawful for you unless she marries another husband, consummates the marriage with him, then he divorces her, and her waiting period () expires. As for the ẓihār you pronounced, it does not entail expiation because it came after the triple divorce by which the woman became irrevocably separated. We advise you to present the matter to the court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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