He Said To His Wife: "You Are Free Of
Me When You Get Your Visa": Divorce Three Times In A
Moment Of Anger
Islamic Rulings - Living Shariah Verdicts
Islamic Questions & Answers
I just want to ask if
a man says to his wife that you free from myside on
various occasions when you get your visa,does this
this considered her as divoced?.
Praise be to Allaah.
If a man says to his wife, "You are free" or "You are
free of me if you do such and such", this is a
metaphor for divorce. The words of divorce are two
types: explicit and implicit.
Explicit forms of divorce are words like "You are
divorced (taaliq or mutallaqah)." In this case it
counts as a divorce even if the husband did not intend
Implicit forms of divorce are words like "You are
free" or "You are free of me" or "Go to your family"
and so on. In this case it does not count as a divorce
unless the husband intended divorce.
Based on that, if the husband intended divorce by
saying these words, then his wife became divorced when
she got her visa. If he did not intend divorce, then
nothing has happened.
And Allah knows best.
He divorced his wife three times
in a moment of anger
The Incident of
Divorce: I have been suffering from chronic sleeping
disorder for about last 16 years and have been treated
by various psychiatrists and psychologists for many
times and over many years but no avail. I have been
requesting my wife to go back to native country for
short time till our baby starts better sleep. The same
way in the early morning of August 21, 2009, I again
deeply requested to my wife to go back for short time
but she replied that unless I say her that she is not
my wife she will not go back. I went in extreme anger
and without pre-planned intention, I pronounced to my
wife "you are divorced, you are divorced second time
and you are divorced third time" in one go. The
following were the prevailing conditions at the time
i) Pronouncements were mainly due to my chronic
sleeping disorder and continued bad mental condition
due to sleeplessness especially after our baby birth.
ii) The anger was so intense that my eyes were closing
and blurring. I faced such an extreme angry state
second time in my life. Although I was aware of what I
am saying but anger was so intense that it compelled
me to do so and almost have lost my control over
iii) I have had intercourse with my wife before
pronouncement of divorces during her ongoing purity
iv) The pronouncements were mainly based on the
general perception taken from the media or the society
that people divorce the wife by three pronouncements.
v) After the incident I read the procedure of divorce
given in the Quran. I repented a lot that if I had
known the procedure and commandments of Allah (SWT)
about divorce or had been told by the religious person
who taught my Nikah then it did not happen so.
vi) I swear to Allah (SWT) that if I had known the
procedure of divorce explained by Qur'an and if I had
known that three pronouncements in one go are counted
as three irrevocable divorces and is a great sin and
person left no chances of reconciliation then I must
had not acted so (pronounced thrice).
We have already resumed our marital relations based on
Qura'nic verses, view point of various Ulmahs and
Fatwa of Islamic Sharia Council.
Seeking Ruling/Fatwa: Although many Fatwas go in my
favor, however, still doubts came in my mind.
Therefore at present I am away from my wife till your
Fatwa/Ruling based upon Quran and Ahadiths.
Praise be to Allaah.
We have previously published on this website a number
of fatwas about divorce (talaaq) issued in anger, in
which we explained that anger is of three levels:
Mild anger, in which the husband is annoyed and upset
by what his wife has done, but that does not prevent
him from thinking rationally and deciding what is the
best thing to do.
In this case, the divorce counts as such, according to
Extreme anger in which the person loses control and
does not know what he is saying or doing, and he
becomes like one who is insane or crazy. Divorce
issued in this case does not count as such according
to all scholars, because he is like one who has lost
Extreme anger in which the person does not lose
control and is aware of what he is saying and doing,
but he cannot stop himself because the arguments,
insults and fighting have gone on for too long.
This is the type of anger concerning which the
scholars differed as to whether a divorce issued in
this state counts as such. The most correct view is
that it does not count as such, as was stated by
Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim
(may Allah have mercy on them).
Ibn al-Qayyim said:
Anger is of three types:
That in which the person loses his mind and is not
aware of what he is saying. Divorce does not count as
such in this case, and there is no scholarly
difference of opinion concerning that.
That which is not so intense as to affect a person's
understanding the implications of what he is saying.
Inthis case divorce counts as such.
That which is intense and strong, but not to the point
of losing his mind completely; however it is so
intense that he does not realize the implication of
what he is saying, and he regrets what he did once the
anger passes. This is a matter that is debatable and
the view that suggests that the divorce does not count
as such is strong and valid.
End quote from Zaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad,
See also the answers to questions no. 22034, 110797
What appears to be the case from your question is that
the divorce you uttered was of this type, in that you
could not control yourself or what you were saying,
even though you were aware of what you were saying and
understood what it meant.
Hence your divorce does not count as such according to
the more correct scholarly opinion concerning this
But if your anger was of the first type -- and you
know better about your situation than we do -- then it
counts as one talaaq.
Your uttering the word of divorce three times only
counts as one talaaq according to the more correct
opinion. This has been discussed previously in the
answers to questions no. 96194 and 152067.
To sum up: if you issued the divorce in a state of
extreme anger, it does not count as such. But if it
was a case of ordinary, mild anger, then it counts as
And Allah knows best.