Pronounced 'divorce' twice in anger
26-4-2005 | IslamWeb
Question:
During an argument I asked my wife would she be happy if I say "Talaaq" and then I said "Talaaq, Talaaq". Now I do not remember clearly whether I said the word Talaaq two times or three times but I believe I said it twice. I had no intention of saying that or divorcing my wife. It was just during an argument that I uttered these words. Now in these circumstances has the Talaaq divorce occurred or not.
I have heard that in case if a husband has to divorce her wife he has to say complete sentence of "I divorce you". I have also read some where that divorce does not occur if the words are uttered in state of anger.
I know that we should be very careful about using such words. I am very worried about it and I will appreciate if you could respond to my question.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Saying to your wife Talaaq 'divorce' has the probability of meaning divorce but it is not a straightforward statement because you uttered the verbal noun as we understood from your question. But if you uttered the present participle 'Anti Taaliq', 'you are divorced', then this expression is straightforward in meaning divorce. Nonetheless, the expression that might mean divorce does not make divorce effective unless that is accompanied with an intention. Al-Kaasaani
said: 'Any expression that could mean divorce if it is accompanied with intention, then divorce takes place.' Therefore, if you intended divorce when you uttered the word divorce, then divorce takes place, otherwise it does not take place. If by the second expression of divorce you intended to emphasize the first one, then this is just an emphasis, [and it is not considered as a second divorce] but if you intended the second divorce then it is a second divorce.
Finally, you have to know that in principle marriage is valid unless it is rendered invalid with certainty and not with doubt, because doubt does not affect the validity of marriage.
Allaah knows best.