Doesn't remember divorcing his wife 3 times
20-4-2005 | IslamWeb
Question:
I would like to ask you a question regarding Divorce. I have sometimes attack in which I don't know what I am doing and what I am saying. I use medicine for this purpose. On one day when I was not in my normal state and my mother was with me, we had a fight with my wife. My mother pressurized me to give divorce to my wife, as I was not in normal state she was dictating me and I give 3 divorce to her in written as well as I said to her 3 times divorce. When I come to my normal state I realize that I have done a wrong thing and me and my mother both regret. Is divorce occurring when person is not in a normal state and being pressurized?
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.
Divorce takes place when one says the word divorce deliberately while intending it. If you were conscious when you uttered the word divorce and it was not due to your disease which affected your choice and intention, then divorce takes place.
What has to be looked at now is the three divorces, the majority of scholars
are of the view that uttering three divorces at once is considered as three divorces, and this is our opinion here in Islamweb. However, Ibn Taymiyyah and Ibn Al-Qayyim are of the view that it is considered as one divorce only.
It should be noted, however, that if you uttered the word divorce three times and you wanted to emphasize the first by repeating it, then it is considered as one divorce, but if you intended the second and third divorce, then it is considered as such [that it is three divorces]. Nonetheless, if you joined the word divorce with the conjunction 'and' and told her ''you are divorced and you are divorced and you are divorced'' then this is three divorces.
This is of course if you were conscious about what you said, and this is what appears [from your question] because you know and you realize in detail what happened as you mentioned it in your question. However, if you are not conscious about what you said, then divorce does not take place.
Finally, it should be noted that:
1) Getting angry does not prevent divorce taking place. In most cases divorce takes place when in anger, unless the person does not really realize what he says.
2) One should not obey his parents in divorcing his wife if she is a religious woman with a good moral conduct.
3) It is more appropriate to take the case to an Islamic court, as it is more proper for it to look into this matter.
Allaah knows best.