Is it permissible to take back a wife who was divorced a third time while she is pregnant, knowing that the divorce occurred in a state of extreme anger due to a quarrel with her brother and a threat of murder?
Ibn al-Qayyim divided anger into three categories: anger that removes the intellect, in which case divorce does not occur; anger in its early stages that does not prevent the conception of the statement and its intention, in which case divorce does occur; and deeply entrenched anger that does not completely remove the intellect but prevents one from forming an intention, and this category is subject to consideration. The adopted by us regarding the third case is that divorce does occur.
Therefore, if a friend divorced his wife in a state of severe anger, where he was overwhelmed and did not know what he was saying, his divorce is not valid. However, if he was rational and knew what he was saying when he divorced her, then his divorce is valid. If his divorce is valid and he cannot take his wife back because it was the final divorce, then it is not permissible for him to marry her again unless she marries another man and he separates from her. But if his divorce is not valid, she remains under his marital bond.
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Reviewed by El Fatwa's sharia committee.
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