Is a husband's second divorce of his wife, uttered in a moment of anger with the words "you are unlawful to me until the Day of Judgment," considered final and irrevocable, or do the spouses have the right to return to each other, given the unavailability of Shar'i fatwa-issuing bodies in their country of residence?
Anger does not absolutely prevent the occurrence of divorce; rather, some divorces occur [despite it], and some do not. If you divorced your wife and forbade her upon yourself in a state of anger that completely clouded your mind, such that you were unaware of what you were saying, then neither the divorce nor the forbidding occurred. However, if you were aware of what you were saying, then the divorce and the forbidding occurred. And since this is her second divorce, it is possible to take her back. The forbidding is not a divorce, but rather a ẓihār, and the one who commits ẓihār must offer expiation for ẓihār before touching his wife. This expiation is: freeing a slave, or fasting for two consecutive months, or feeding sixty needy persons.
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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