Divorce at the moment of Anger


Shaykh Ibn Baaz (rahimahullaah) was asked about a man whose wife treats him badly and insults him, so he divorced her at a moment of anger.

He replied:

If you uttered the words of divorce at a moment of intense anger and without realizing it, and you could not control yourself, because of her bad words and insults etc., and you did that at a moment of intense anger and without realizing it, and she acknowledges that, or you have a witness of good character, then divorce has not taken place, because the shar’i evidence indicates that divorce does not take place if the words are spoken at a moment of intense anger – and if it is accompanied by not realizing what is happening then the ruling applies even more so. 

For example, Ahmad, Abu Dawood and Ibn Maajah narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no divorce and no manumission in the event of ighlaaq.” The majority of scholars said that ighlaaq means compulsion or anger, i.e., intense anger. For his anger made him unaware of what he was saying, so he is like one who is unconscious, insane or drunk, because of the intensity of his anger. So divorce does not take place in this instance. If he does not realize what he is doing and cannot control his words or actions because of the intensity of his anger, then divorce does not take place. 

Anger may be of three types: 

1 – When a person is angry and is no longer aware of what he is doing. This is likened to the insane, so divorce does not take place according to all scholars.

2 – Where a person is very angry but is still aware of what is going on, but his anger is so intense that it makes him say the words of divorce. In this case too, divorce does not take place according to the correct scholarly opinion.

3 – The ordinary type of anger which is not very intense. In this case, divorce takes place, according to all the scholars.

[From: Fataawa al-Talaaq| pp 19-21, compiled by Dr. ‘Abd-Allaah al-Tayyaar and Muhammad al-Moosa]

What the Shaykh mentioned about the second type of anger is also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them both). Ibn al-Qayyim wrote an essay on that entitled Ighaathat al-Lahfaan fi Hukm Talaaq al-Ghadbaan, in which he said the following:

Anger is of three types: 

1 – That which is not so intense as to affect a person’s mind or rational thinking; he knows what he is saying and what he means. There is no dispute that in this case divorce, manumission and contracts are valid.

2 – Where his anger reaches such a limit that he no longer knows what he is doing or saying. There is no dispute that in this situation divorce does not take place. If his anger is so intense that he does not know what he is saying, there is no doubt that none of his words should be implemented in this case. The words of the mukallif (adult of sound mind) are only to be implemented if he knows what he is saying and what it means, and if the speaker really means that.

3 – The kind of anger that falls between the two categories mentioned above, where the anger goes beyond the ordinary level but not so far as to make him behave like a madman. This is an area of scholarly differences of opinion. The shar’i evidence indicates that divorce, manumission and contracts in such cases are not valid, and this is a kind of ighlaaq as the imams explained.

[ Zaad al-Ma’aad, 5/215.]

 

About Umm Abdulazeez

"I am a Muslim who is upon the Qur'aan and the Sunnah and upon the methodology of the Salaf As-Saalih (Pious Predecessors). And that can be said in short by saying, 'I am a Salafee' " [Shaykh Al-Albaanee رحمه الله] ________ Sufyaan Ath-Thawree (rahimahullaah) said: “Indeed knowledge should only be learned for the purpose of fearing Allaah. Indeed, knowledge has been given virtue over other than it because with it Allaah is feared.” [Jaam'i Bayaan al-'Ilm wa Fadlihi by Imaam Ibn Abdil-Barr (rahimahullaah)]
This entry was posted in Adab|Manners, Brother's Section, Character, Divorce, Divorce, Family Matters, Fatawaa in General, Marriage, Shaykh 'Abdul-'Azeez Ibn Baaz, Shaykh Muhammad ibn Salih Al-'Uthaymeen, Sisters Section. Bookmark the permalink.

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