Answered by Shaykh Amjad Rasheed
Translated by Ustadha Zaynab Ansari, SunniPath Academy Teacher
One day I was in a heated dispute with my wife and I told her that I would leave her (without uttering the word ‘talaq’). Is she divorced? What is the ruling for someone who divorces [u. his wife] but is overcome by anger and cannot hear or understand the words of anyone around him?
Divorce does not take place except by a pronouncement that indicates it, either explicitly, like “You are divorced,” or implicitly or allusively, like telling one’s wife, “Leave me,” with the intention of divorce.
Furthermore, the divorce has to be effected, either on the spot, or by being made contingent on something else taking place.
If such was not the case and your words were a mere threat of divorce without making it effective or contingent upon something else, then the divorce has not taken place, and she is still your wife.
However, the divorce of the angry man is valid and effective, because he is legally responsible and his intent is clear. The only exception to this being if he was so overcome by his anger that he lost all discretion and was akin to the insane person and had no idea what he was saying, then [u. in this case] the divorce does not take place. The reason for this is because his intent is not clear.
Nevertheless, many people claim that they become so angry that they reach a point where they have no discretion, but in reality, such is not the case. So let him fear Allah whosoever has this condition and may he not be of those who play around with having these symptoms.
Amjad Rasheed
[Translated by Umm Salah]