Does Divorce Said in Anger Still Count?


Hanafi Fiqh

Answered by Shaykh Yusuf Weltch

Question

If a husband said “you are divorced” in anger but immediately took it back, and later issued another divorce only because his wife was pressured by her family to end the marriage, is the divorce valid in Islam?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

Both pronunciations of divorce do take effect in this scenario. [Maydani, al-Lubab fi Sharh al-Kitab]

If the waiting period has not ended, he may revoke his divorce, thus reinstating the marriage. In this case, there will still be one divorce left, after which the couple will be permanently separated. [Ibid.]

If the waiting period has ended, they must renew their marriage (nikah); thereafter, there will still be one divorce left after which the couple will be permanently separated. [Ibid.]

Divorce is No Light Matter

It is immensely important that every husband understands the enormous responsibility of being careful with the word “divorce”.  

The Messenger of Allah (Allah bless him and give him peace) said,

“Three things, if they are said seriously, they are taken to be serious, and if they are said in jest, they are taken to be serious: marriage, divorce, and revocation of divorce.” [Tirmidhi]

Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Yusuf Weltch is a teacher of Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he went on to study at Darul Uloom Seminary in New York and completed his studies at Darul Mustafa in Tarim, Yemen.

There, he completed the memorization of the Quran and his study of Islamic Sciences. Throughout his years of study, he was blessed to learn from many great scholars: Habib Umar bin Hafiz, Habib Kazhim al-Saqqaf, Shaykh ‘Umar bin Husayn al-Khatib, and others.

Upon returning, he joined the SeekersGuidance faculty in the summer of 2019.