Q: In a state of rage, a husband said to his wife: "I divorce you thrice." He later regretted and wants to take her back. What is the ruling on this act?
A: According to the most correct opinion of scholars, Talaq is not effected if it is declared - once or thrice - in a fit of anger. They have to prove the claim that the apparent state which caused divorce is true. On the other hand, when anger is so intense that a person is no longer aware of what he is doing or saying, the divorce is not effected according to Ijma` (consensus of scholars). In this case, he is like one who is insane and one who has lost all power of reason due to unintentional drunkenness. Uttering divorce in a state of intentional drunkenness does not become effective due to loss of reason. `Uthman (may Allah be pleased with him) issued a Fatwa that supported this view and it was followed by a group of people of knowledge, because it was based on Shar`y (Islamically lawful) evidence.
We ask Allah to guide all Muslims to understanding the religion and holding fast to it, for He is the One Who is capable to do so. As-salamu `alaykum warahmatullah wabarakatuh
By Imaam Bin Baaz (rahimahullah)
