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Fatwa CenterA doubtful divorce given in anger
Question
My sister age 46 & her husband age 54 very God fearing, practicing all their life. Last year husband was occupied in a fitna with a girl age 22. Husband became mad in girl’s love and often fight with wife. He was a patient of hypertension. During fight with wife his blood pressure went high and he began speaking rubbish. In fitna of girl, he neglected salah and soum also. Sometimes, he said some things which were anti Islam . e.g. He told his wife not to do zikr of Allah and rather read the girl’s name instead. At times, he told his wife and even his brother in law a detailed process of intercourse with that girl. No body ever see him doing zina with the girl. I feel it was his imagination as no normal person tell such things to his wife. Some scholars say that he may be under Magic done by someone to capture his fortune. He often had big fights with his wife where he shouted and went out of his mind. Once, during fight, husband gave one divorce in anger. Later he regretted that talaq was unintentional and he could not control himself in a row of anger upon his wife. This happens second time and he was again very regretful and he did something out of intension. On third time, his wife tells, he was just insane, shouting, throwing things but she could not exactly remember if she heard the “divorce” word or not . On this third time, after fight he though he might had divorced wife so he called some people and said he divorced his wife. But in the first and second times, the story of talaq was just between husband and wife. He is ashamed on what he did and wana recover from the fitna. He confess, he is entrapped in a sin unwillingly and he wana get out of it and revert back to his previous life. As he is also a patient, he thinks, his wife can help him to improve.Third divorce might be valid with all scholars but are the first two divorces in anger valid? Please provide us fatwa as per Ibn e Taymiya & Ibne Qayyim and not as per Jamhour. Regards
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We have already issued Fatwa 121374 clarifying the types of divorce given in anger, and we are going to clarify the view of the majority of the scholars and the view of Ibn Al-Qayyim 
on this issue.
If this man has really reached a point of anger in which he was stumbling like a mad person and he uttered the first divorce and then the second divorce while he was unconscious about what he was saying, then the divorce that he uttered does not take place according to any of the scholars. Likewise, if he uttered divorce because of magic that affected him to an extent that he was unable to control his words, then the divorce that he uttered does not take place as well. For more benefit, please refer to Fatwa 85637.
But, if his anger was slight and it does not prevent him from perception, then his divorce takes place according to the view of all the scholars . As regards the case in which his anger is medium, then this is a controversial issue among the scholars. The majority of them are of the view that divorce takes place. However, Ibn Al-Qayyim 
and those who are of his view hold the opinion that divorce does not take place. In addition to this, if he doubts whether or not he uttered the third divorce, then divorce in case of doubt does not take place, because he is certain that she is his wife, and certainty can not be removed by doubt.
On the other hand, he is obliged to repent to Allaah for his sins among which is his relationship with that girl. He should mainly repent from uttering words against Islam if he had done that deliberately. Indeed, his request from his wife not to mention Allaah and to mention instead the name of his girl is a great evil thing. Similarly, his abandonment of the prayer and fasting is a great evil act. If a Muslim apostates, his marriage contract becomes void, and if he returns to Islam, and his wife is still in her waiting period, then she is still his wife with the first marriage contract. For more benefit, refer to Fatwa 90497.
It should be noted that if, when he uttered divorce, he was in a state in which he lost his mind because of magic, then he was not accountable for what he did because he was lacking one of the conditions of being held accountable for one’s actions, which is the mind. The Prophet said: "The pen is lifted (stops from recording deeds) from three kinds of people: a sleeping person until he wakes up, a child until he reaches the age of puberty and an insane person until he starts reasoning." [Abu Daawood]
However, he should perform Ruqyah himself or someone else should perform Ruqyah on him. For more benefit on Ruqyah, please refer to Fataawa 85500 and 88705.
Allaah Knows best.
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