#1079: The Ruling Of The Talaq Said In Anger

“Assalamualeikum warahmatullah wabarakatuh. I have a question sir. Is it true that any Talaq said in anger is not approve?”

ANSWER:

Wa Alaykum Salam Warahmatullah Wabarakaatuh.

Honored one,
May Allah illumine my heart and yours.

Know, that there are two kinds of anger.

The first is an anger which, when it occurs, the one who is angry is aware and conscious of that which he says, does and remains in absolute control of his actions.

The second, an anger which renders the one who is angry out of control of himself. He is not able to withhold himself from doing or saying things he does not mean or intend.

In the Hadith of Aisha radiyallahu anha that was recorded by Imam Abu Daawud As-Sijistaani rahimahullah, the Rasul salallahu alayhi wasallam said:

لا طلاق في إغلاق

“Divorce said in a situation of Ighlaaq is not considered”

And in another Riwaayah recorded Abu Daawud As-Sijistaani and Ibn Maajah rahimahumullaah, from Aa’ishah radiyallahu anha the Rasul salallahu alayhi wasallam said:

لا طلاق ولا عتاق في إغلاق

“Neither Divorce nor Freeing of a Slave pronounced in a situation of Ighlaaq is considered valid”

By Ighlaaq, the Fuqahaa have explained that it refers to a situation where the limbs are cut off from the brain. In other words, a person is not aware of what he is saying and his Intellect does not process what he is saying or doing before he does it.

Shaykhu Al-Islam Ibn Taymiyyah rahimahullah said:

“The Reality of Al-Ighlaaq is that a man’s heart is sealed from him in such a way that he doesn’t intend a word or isn’t aware of it. Like his intention and aim is sealed from him. And of matters included in this scenerio are the divorce of the one who is forced, the one who is mad, and the one who loses his conscious control by way of intoxication or anger and everyone who does not intend or conscious of what he says”. This was referred by Ibn Al-Qayyim in the Zaad.

Based on the forgoing it becomes then clear to you that it depends on the situation of the one who pronounces this divorce. Is his anger in such a way that he remains in conscious control of his words? The reason for this is an anger that does not shut one’s actions and words from his intellectual consciousness and his heart is not considered Al-Ighlaaq and therefore a divorce that is pronounced in that state remains valid.

And Allah knows best.

Barakallahu fikum.

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