What is the ruling regarding a man's statement to his wife, while he is angry but aware of what he is saying: "By Allah, I swear I will divorce you next week," knowing that if it occurs, it will be the third divorce? And does this divorce take place?
Scholars differ on the ruling concerning the divorce pronouncement, "If I do not divorce you, then you are divorced." The Maliki school holds that it takes effect immediately, whereas the Hanbali school maintains that it takes effect upon the fulfillment of the condition. Based on the latter view, the husband may enjoy his wife until the last day of the week in which the divorce was conditioned. Then, the divorce occurs, and she becomes unlawful for him after the completion of three pronouncements. The anger of the one pronouncing the divorce does not affect the ruling, as long as he is aware of what he is saying. It is advisable to refer to the Sharīʿah courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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