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The question

What is the ruling on someone who swears to divorce his wife to sever kinship ties, while in a state of extreme anger where he doesn't remember what he is saying?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A man should not resort to divorce every time a dispute arises, nor should he take it lightly, because the Prophet, peace and blessings be upon him, considered anyone who divorces three times to be trifling with the Book of Allah. Ibn Uthaymeen said that these foolish people go against what the Prophet, peace and blessings be upon him, guided to regarding swearing by Allah or remaining silent.

As for conditional divorce, such as "If you do such and such, then you are divorced," scholars have differed on it. The majority of scholars hold that it occurs when the condition is met. However, Shaykh al-Islam Ibn Taymiyyah believes that the ruling depends on the speaker's intention; if he intended to urge or prevent, then its ruling is that of an oath, and he must offer expiation for breaking an oath if he violates it. If he intended the divorce to occur, then it occurs.

As for divorce pronounced in a state of anger, if the anger was so severe that it deprived one of consciousness and awareness, then divorce does not occur, by scholarly consensus. However, if the anger was intense but did not reach this level, the majority of scholars hold that divorce occurs. Yet, some scholars, including Shaykh al-Islam Ibn Taymiyyah, are of the opinion that it does not occur, and this is the more preponderant view.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
12477
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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