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Fatwa CenterHusband Gave Divorce in Anger 3 Times but Did Not Intend It
Question
My husband gave me divorce 3 times in front of a woman and a man. He was extremely angry and did not want to say that but just wanted to threaten that I should leave otherwise he will divorce but the words slipped out unknowingly and he said I give you Talaq (he said 3 times). Has the Talaq been effected? He did not intend to Talaq and was also in extreme anger and also gave Talaq during the time of impurity) (which he did not know). Now he says he is sorry about what has happened he had no intention to do divorce and wants to reunite and is ready to do anything. Please advise if it is a valid Talaq or not and if yes is it counted 1 or 3 Talaqs. In case it is a valid Talaq then marry him again is Halal required? What are the requirements like Iddah or Khula? Please advise, as I will complete my Iddah on 20 June. Please send me your Fatwa.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
Whoever says to his wife: ‘You are divorced three times’; or ‘you are divorced, and divorced, and divorced’; and such a man does not intend to divorce his wife, then he has disobeyed Allah and His Messenger, and he has committed a sin by doing that.
Allah Says (what means): {Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.} [Quran 2: 229]
Allah Says that the divorce is made twice and did not mean that the word of divorce should be said twice in order to indicate that divorce occurred at two different times, or that uttering the word of divorce twice on a single occasion is counted as two divorces.
An-Nasaa’i reported in his Sunan on the authority of Mahmood ibn Labeed, may Allah be pleased with him, that a man divorced his wife three times on a single occasion. The Prophet stood up in anger and said, "Will the Book of Allah be played with while I am still in your midst? (The anger was seen so vividly on him) that a man (among the companions) said, "O! Messenger of Allah! Shall I kill him?" This Hadeeth indicates that any man who divorces his wife this way has committed a sin. As for the ruling on thise kind of divorces, the majority of the scholars are of the view that the divorce made this way is effectice, though the divorcing husband incurs a sin. Some scholars are of the opinion that divorcing a woman three times with a single word will be counted as one divorce. The most correct opinion in our view is the opinion of the majority of the scholars, that such a divorce will be regarded as three. If you have a Sharee’ah court in your place, you can contact it. It is such a court that can decide on this, because the decision of the judge removes the differences.
As regards what you said that the husband was in the state of anger, then know that anger in this context is of three types, as explained by Ibn Al-Qayyim 
: “The divorce made by an angry man is of three types: 1. If he is in the preliminary state of anger, whereby he is still in his right senses and he understands what he is saying and means it, then it is clear that the divorce made by such a man is effective. 2. If he is overwhelmed by anger whereby he neither knows what he is saying nor means it, there is no doubt that his sayings are not effective. 3. If he falls between the two previously mentioned types whereby he is not like a mad man, then his condition needs considerations. The evidences indicate that the sayings of such a man are not effective.”
Abu Daawood and Ibn Maajah narrated on the authority of ‘Aa’ishah 
that she said, “I heard the Messenger of Allah saying: “There is no regard for divorce or manumission of a slave made while one is out of his mind (as a result of anger or other factors).” Through this quote, you can understand that no divorce made in the second and the third situations is regarded. If anger has not made the husband reach the second and third category mentioned above, or in other words, if his anger is less than that, then the divorce made by him would be effective.
For more benefit on an irrevocable divorce, please refer to Fataawa 384739, 381389, 128967, 116098, 94110, 89861, and 200411.
For more benefit on the Sunni divorce and Bid‘i divorce, please refer to Fataawa 289207, 85415, 81864, 367312, 271282 and 378277.
For more benefit on multiple divorces or triple divorce in one session, please refer to Fataawa 82330, 312142, 318337, 155573, and 94110.
For more benefit on divorce given in anger, please refer to Fataawa 220696, 243088, 245707, 322960, 388225, 395773, 121374, 126164 and 245707.
Allah knows best.
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