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Sharʿī Ruling on Divorce Given in Anger and Its Evidence

Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 191


Question


What is the ruling if a man divorces his wife in a state of anger and later regrets it? What is the Sharʿī solution in this case?


Answer


Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā baʿd:


Ruling on Divorce in Anger


◈ According to Sharīʿah, if a man divorces his wife while in a state of anger, the divorce takes effect.


◈ The evidence for this is the ḥadīth of the Messenger of Allah ﷺ:


«ثلاث جدهن جد وهزلهن جد: النكاح والطلاق والرجعة»
“Three matters — whether done seriously or in jest — are binding: marriage, divorce, and taking one’s wife back (revocation).”
(Sunan Abī Dāwūd, 2194)


Authenticity of the Ḥadīth


  • Its chain is ḥasan (sound).
  • Imām al-Tirmidhī graded it ḥasan gharīb.
  • Imām al-Ḥākim declared it ṣaḥīḥ (Vol. 2, p. 198).
  • The narrator ʿAbd al-Raḥmān ibn Ardak is considered ḥasan al-ḥadīth.
    (Source: Nayl al-Maqṣūd, Vol. 2, p. 560)

Additional Evidence


  • Several other aḥādīth with similar meaning support this ruling.
  • For details, see: al-Talkhīṣ al-Ḥabīr, Vol. 3, p. 210.

Conclusion


  • Divorce given in anger does occur, even if the man regrets it afterward.
  • The Sharʿī ruling on this matter is clear and decisive.

Hādhā mā ʿindī, wallāhu aʿlam biṣ-ṣawāb.
 
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