Does a divorce that occurred unconsciously as a result of panic take effect?
The divorce of a bewildered person who does not realize what he is saying is not effective. However, the divorce of a person who is aware of what he is saying is effective, and neither anger nor bewilderment prevents its effectiveness. Innovated (bid‘i) divorce is like that which occurs during menstruation or a period of purity during which intercourse has taken place. (prophetic tradition) divorce is that which occurs during a period of purity in which the wife has not been touched, or when the wife is pregnant, or when she herself requests the divorce. Divorce, whether it is Sunnah or bid‘i, is effective according to the majority of scholars. If the three pronouncements of divorce have not been completed, the wife can be taken back before the ' (waiting period) expires.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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