Does divorce occur with the statement "If you call one more time our marriage is done," intending to threaten the wife with leaving the house, knowing that the speaker was under the influence of psychiatric medications and in a state of extreme anger?
Anger does not prevent the occurrence of divorce unless it reaches a level where the person does not comprehend what he is saying, or it comes between him and his intention.
Similarly, the divorce of a sick person who uses neurological medications is valid, unless it overwhelms his mind to the extent that he does not understand what he is saying.
As for the phrase mentioned in English, it is an allusion (kinayah) by which divorce does not occur without intention. If doubt arises concerning the intention to effect a divorce with this allusion, it is not given consideration, because the default is the continuation of the marriage.
Therefore, the phrase in question does not effect a divorce, unless the husband was resolute in his intention to divorce when uttering it, and his anger or medication did not affect his mind to the extent that he did not know what he was saying.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 166473
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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