What is the ruling regarding the divorce pronounced by an elderly man who swears to divorce his wife whenever he gets angry, whether it is an ordinary or an uncontrolled rage, given that he does not show signs of mental deterioration, and is the mother considered divorced in this case?
If a father pronounces divorce while in a state of anger that deprives him of awareness, then his divorce is not effective. However, if he pronounces it while aware and by choice, then it is effective. If he pronounces three divorces while aware and by choice, then his wife becomes irrevocably divorced from him (baynunah kubra), and she is not lawful for him unless she marries another man and he consummates the marriage with her, and then he divorces her or dies, and her waiting period ends.
If the husband denies that a divorce occurred, and the wife is certain that three divorces took place, then it is not permissible for her to remain with him. She must free herself from him through khul‘ (divorce at the wife's instance in return for compensation), based on the statement of Imam Ahmad ibn Hanbal: "The word is the husband’s, unless she has no doubt about his divorce, having heard him divorce her three times. In that case, it is not permissible for her to remain with him; she must flee from him and redeem herself with her wealth." It is preferable to present such matters to a Sharia court or to trusted scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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