Does a divorce pronounced by the husband while he was in a state of extreme anger, and which the wife did not hear until three and a half months later, take effect?
For a divorce to be valid, it is not a condition for the wife to hear of it or know about it. However, if the husband uttered the divorce pronouncement while in a state of extreme anger that deprived him of awareness, then the divorce does not occur. But if he was aware of what he was saying, then the divorce occurs.
If it was the first or second pronouncement of divorce and the husband took his wife back, either verbally or by action, before the end of her waiting period (), then she returns to his marital bond. However, if her iddah ended before he took her back, then she is irrevocably divorced from him (ba'inat) and he cannot take her back except with a new contract and a new dowry.
And if this pronouncement completes the three divorces, then the wife is irrevocably divorced with a major irrevocability (baynunah kubra), and she is not lawful for him unless she marries another man out of genuine desire, and then he divorces her or dies, and her iddah ends.
One should be cautious of extreme anger, for the Prophet, peace and blessings be upon him, said: "Do not get angry."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132751
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy