Will divorce be effective if anyone gives three divorces in anger?
There are two important legal rulings (pertaining to the utterance of divorce in anger) that are agreed upon by all famous scholars:
1. If a person pronounces the word ‘divorce’ in the state of anger whereby he may be technically considered temporarily insane, then such an utterance is not to count as a valid divorce.
2. If a person pronounces the word divorce in a state of anger fully aware of what he is doing as well as the subsequent consequences then such a divorce is valid, and if the utterance is a third divorce, then there is no recourse to reunion and the couple are considered as unlawful to each other. Any intimacy after that is considered to be an illegal sexual relation and might be considered as Zina (adultery).
Divorces in anger and general rulings
Whoever claims that a divorce said out of anger is invalid is both baseless and irrational. Since there is no legal text that claims that mere anger acts as a valid impediment, nor do people generally pronounce the word‘divorce’ in a state of cheer – divorces are nearly always uttered out of annoyance and anger. In general, couples should contact a good Islamic scholar who is known to be trustworthy and knowledgeable in these matters who will analysis each case separately. Individuals should not apply general rulings related to divorce on themselves due to the sensitivity of the matter.
Divorce is a very sensitive issue in worldly life. If a person abuses a divorce or applies it in a wrong way, the divorce will be effective and on the other hand the person will be a sinner. Therefore, it is the duty of a conscientious husband to be very careful in refraining from uttering a word of divorce and its synonyms.
The provision of the Shari’ah is that three divorces should be granted in one sitting or three divorces in one word or three divorces in more than one sitting. All these scenario will cause three divorces.
Consulting the Hadith for divorces in anger
If three divorces are granted in any way, the three divorces become effective and the marital relationship is dissolved. In this situation, just as there is no opportunity to bring back the wife verbally, there is no way to bring back the wife by repeating the new marriage. In several authentic hadiths, the Prophet (peace and blessings of Allah be upon him) considered giving three divorces together or separately as three divorces. However, he became very angry because of the divorce.
Mahmud Ibn Labid (R) narrated that the Prophet (peace and blessings of Allah be upon him) was informed that a man had divorced his wife three times at a time. When he heard this, he became very angry and said, “Have you ridiculed the Book of Allah while I was among you?
Note that the Prophet (peace be upon him) was angry at being given three divorces together here, but he did not declare this as invalid.
And all the Companions also knew that if three divorces were granted at the same time, only three divorces would be valid, no matter what the circumstances.
Similarly, if a healthy person divorces in anger; however, the divorce will fall. Because divorce is usually done out of anger. No one divorces in love. So it will fall.
Careful and mind your words
Divorce is a very heinous word. In the hadith it has been called inferior halal. This word is such that whether it is intentional or not, whether it is said in anger and in love, divorce is pronounced only when the word comes out of the mouth with the intention of the wife.
Regarding this, the Prophet (peace be upon him) said: There are three things that are considered to be intentional even if it is done intentionally or even if it is a joke, it is considered as intentional.That is 1) divorce, 2) marriage and 3) bringing back the divorced wife. (Abu Dawood)
So, the essence of this word is that even if you divorce in an angry state, it will be a divorce.
Of course, there is an exception as mentioned before.If a person pronounces the word divorce in a fit of anger whereby he may be technically considered temporarily insane, then such an utterance is not to count as a valid divorce.
But remember, the condition is to temporarily insane and not remember anything at that time.
Marital life is a great blessing from Allah. It is the duty of all husband and wife to properly evaluate this blessing and to realize all the rights of each other. In this case, the wife should not seek divorce from her husband verbally. Again, it is not permissible for the husband to abuse the power given by Allah.
It is necessary for both husband and wife to know all the provisions of Islam related to marriage, divorce and marital life. In particular, it is the duty of the husband to never utter the word divorce without being fully aware of the rulings of divorce and its consequences. But if they divorce for any reason and in such a way that it is no longer lawful for them to live together, then they should fear Allah. They should no longer live together on various excuses or on the basis of misinformation or concealment of the facts. Marriage is not just a matter of time, it is a matter of a lifetime.
In fact, if the divorce falls apart and the marital relationship is dissolved in the eyes of the law; But after that, if the husband and wife live together, it will be a grave sin and both will be guilty of adultery.
Hopefully, you got your answer. May Allah show us the right path.