Islamic Rulings - Living Shariah Verdicts 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 that. 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
of pronouncements: 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: -1- 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 all scholars. -2- 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 his mind. -3- 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: -1- 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. -2- 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. -3- 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, 5/215. See also the answers to questions no. 22034, 110797 and 45174. 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 matter. 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 one talaaq. And Allah knows best. |