Ruling on Divorce Pronounced in Anger and the Consideration of Intention
Source: Aḥkām wa Masāʾil in the Light of Qur’an and Hadith, Vol. 1
Question:
My husband said to me: “Go, I divorce you, shall I give it?” That is, immediately after uttering the words of divorce, he added: “Shall I give it?” Later, he said that he had no intention of divorce, and that the words slipped out in anger. What is the Sharʿi ruling regarding our situation?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
A Muslim is a responsible and conscious individual, and he does not utter words thoughtlessly. Pronouncing divorce hastily in anger is sheer foolishness, while there are many other ways to resolve issues and settle disputes.
According to Sharīʿah, when divorce is given with explicit words, intention is not taken into consideration. Meaning, if a man utters clear and explicit words of divorce, even without intending it, divorce takes effect.
The Hadith of the Prophet ﷺ clarifies that if a man utters the word of divorce, his intention is not considered. The word ṭalāq is a clear and explicit term used to separate spouses; therefore, its utterance—even without intention—results in divorce.
Sunan Abī Dāwūd, Vol. 1, p. 298, Hadith no. 1875
عَنْ أَبِي هُرَيْرَةَ أَنَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ثَلَاثٌ جِدُّهُنَّ جِدٌّ، وَهَزْلُهُنَّ جِدٌّ: النِّكَاحُ، وَالطَّلَاقُ، وَالرَّجْعَةُ
Sayyiduna Abu Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
“Three matters, whether spoken seriously or in jest, are binding: (1) Marriage, (2) Divorce, and (3) Taking back (the wife in ʿiddah).”
In this case, one revocable divorce (ṭalāq rajʿī) has taken effect. The husband has the right to take his wife back. After this, he still has two remaining divorces at his disposal.
Hence, utmost caution and responsibility must be observed in such matters in the future.
Hādhā mā ʿindī wallāhu aʿlam bis-ṣawāb.
Source: Aḥkām wa Masāʾil in the Light of Qur’an and Hadith, Vol. 1
Question:
My husband said to me: “Go, I divorce you, shall I give it?” That is, immediately after uttering the words of divorce, he added: “Shall I give it?” Later, he said that he had no intention of divorce, and that the words slipped out in anger. What is the Sharʿi ruling regarding our situation?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
A Muslim is a responsible and conscious individual, and he does not utter words thoughtlessly. Pronouncing divorce hastily in anger is sheer foolishness, while there are many other ways to resolve issues and settle disputes.
No Need for Intention in Explicit Words of Divorce
According to Sharīʿah, when divorce is given with explicit words, intention is not taken into consideration. Meaning, if a man utters clear and explicit words of divorce, even without intending it, divorce takes effect.
The Hadith of the Prophet ﷺ clarifies that if a man utters the word of divorce, his intention is not considered. The word ṭalāq is a clear and explicit term used to separate spouses; therefore, its utterance—even without intention—results in divorce.
Hadith Reference
Sunan Abī Dāwūd, Vol. 1, p. 298, Hadith no. 1875
عَنْ أَبِي هُرَيْرَةَ أَنَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ثَلَاثٌ جِدُّهُنَّ جِدٌّ، وَهَزْلُهُنَّ جِدٌّ: النِّكَاحُ، وَالطَّلَاقُ، وَالرَّجْعَةُ
Sayyiduna Abu Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
“Three matters, whether spoken seriously or in jest, are binding: (1) Marriage, (2) Divorce, and (3) Taking back (the wife in ʿiddah).”
Ruling for the Present Case
In this case, one revocable divorce (ṭalāq rajʿī) has taken effect. The husband has the right to take his wife back. After this, he still has two remaining divorces at his disposal.
Hence, utmost caution and responsibility must be observed in such matters in the future.
Hādhā mā ʿindī wallāhu aʿlam bis-ṣawāb.
