Does a divorce that occurred verbally between the spouses, not by intention, take effect?
If a man divorces his wife with an explicit utterance like "You are divorced," one divorce () occurs, even if he did not intend divorce. However, if the divorce was uttered under the influence of extreme anger that caused him to lose consciousness or compelled him to divorce, then it does not count, according to a group of scholars.
Anger is divided into three states:
1. First State: Complete loss of consciousness. In this state, divorce does not count by the consensus of scholars.
2. Second State: Intense anger that did not completely cause loss of consciousness but compelled him to divorce. In this state, divorce does not count, according to the sounder opinion.
3. Third State: Ordinary, non-intense anger. In this state, divorce counts by consensus.
If it was the first or second divorce, he may reconcile with her as long as she is within her waiting period (). If the waiting period ends, she can only return to him with a new contract and a new dowry. One should be cautious about uttering words of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 11094
- 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
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