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The question

What is the meaning of the noble Hadith, "There is no divorce in a state of enclosure (or duress)," and what is the case of an angry person whose divorce does not take effect, and how is the degree of anger distinguished, and is an angry person unconscious or suffering from memory loss, and is intention required for divorce at the moment of anger, and what is the state of bewilderment in which divorce does not take effect?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The , "No divorce and no manumission in a state of closure," means that a mental closure due to anger or other reasons prevents the occurrence of divorce. However, in this case, the husband affirmed the divorce to his wife by saying, "Everything is over," which indicates his awareness of what he uttered. Consequently, his wife is irrevocably divorced from him with a major divorce (baynunah kubra), and it is not permissible for him to marry her until she marries another husband. They must seek forgiveness and cease cohabitation. The child is attributed to him due to the presumption of the continuation of the marital bond. Insulting the wife is forbidden, smoking is , and insulting religion is an act of disbelief that expels one from the fold of Islam if done intentionally and by choice.

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Ftawy
Original fatwa ID
82496
Imported
Translation status
Source text, unreviewed
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