Uncertainty over number of divorces given in anger

4-1-2014 | IslamWeb

Question:

Assalamu Alaykum doubts about divorce I have a question about divorce. I had 2 years ago written the following in a text message to my wife " divorced divorced divorced ." It's a long story, but it was all a misunderstanding. I was very angry and could not think clearly. Shortly after I realized that I had done something serious . I was sincere ignorance and then I examined the case , when I came to the view that this only counts as one divorce ( ibn Taymiaay ) and furthermore, it did not count during extreme anger ( Ibn Al Qayyim ) and this was confirmed to me by a friend. I took the attitude of Ibn Taymiyyah from the heart and not trying to trick myself. Allah knows what is in my heart. I may not have been thorough enough in my search. Now, two years later, my wife and I got 1 child. I heard as a presentation here recently for divorce and here I got a different view presented. Now I am very scared and want to know if my marriage is valid. My questions: 1. I was very angry and could not think clearly? But are not sure which category I lie in? I am almost sure, that it is in category 3 Ibn Al Qayyim. 2. Should I stick to the opinion I took to me from the start? 3. I am almost certain that I wrote the word "divorced". To confirm the word several times. But in doubt. 4. I have doubts about my intension during the time a send the message because it is 2 years ago and i was angry. I look forward to getting the message inshallah. May Allah inshallah make us better Muslims. Amin .

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

The husband saying to his wife “divorced, divorced, divorced” counts as one divorce if he intended one divorce or if he did not intend any number of times. But if he intended three divorces, then divorce takes place three times. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: “If he [the husband] says [to his wife], 'you are divorced, divorced, divorced', and he says that he intended to emphasize  it [by repeating the word], then this is accepted from him… but if he intended to initiate a new divorce and repeated the words of divorce thrice, then she is divorced three times; and if he did not intend anything (i.e. any number of times), then it takes place as one divorce only.” [End of quote]

However, Shaykh Al-Islam Ibn Taymiyyah  may  Allaah  have  mercy  upon  him is of the view that the three divorces in one session counts as one divorce; this is whether the husband intended to emphasize what he said or intended to initiate a new divorce.

If you feel comfortable with this view and you acted in accordance with it because you considered it to be the strongest opinion, then you may do so and it is counted as one divorce. In that case, any uncertainty about your intention at that time does not make a difference. For more benefit, please refer to Fatwa 174947.

As regards the divorce of an angry husband, then the opinion in our view is that anger does not prevent divorce from taking place except in one case, which is when the husband is unconscious of what he says. For more benefit in this regard, please refer to Fatwa 121374. The statement of Ibn Al-Qayyim that you referred to in the question is included there.

Finally, in cases of uncertainty over the number of times of divorce, it is the least number that is taken into account, according to the view of the majority of the scholars. Therefore, if you are uncertain whether you wanted to emphasize the words or initiate a new divorce, then it is counts as emphasis, as this is the least.

Allaah Knows best.

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