Does a divorce take effect when the husband tells his wife's mother over the phone, "By triple divorce, she will not be under my charge today," and then denies remembering saying it, and also tells his wife on the same day, "By Allah, I will divorce you when you go down to your country," knowing that he was very angry and unaware of what he was saying at the time of anger?
If the husband utters a divorce during a state of extreme anger that deprives him of his awareness, then the divorce does not occur. But if it does not deprive him of his awareness, then if he intended by his statement: "She will not be under my responsibility today" to divorce her today and he did not divorce her, then a triple divorce occurs. However, if he did not intend divorce, then what he intended is considered; if he fulfills his promise, no divorce occurs, but if he breaks his promise, a triple divorce occurs. And his statement: "By Allah, I will divorce you when you go down to your country" is a promise and a threat by which divorce does not occur merely by uttering it, but he breaks his promise by not divorcing her at the mentioned time and an expiation for breaking an oath becomes binding upon him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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