The Talaq of an Angry Person

Question

During a domestic quarrel Zayd became angry with his wife and gave three talaqs. Now, have the three talaqs (given) in a state of anger fallen upon the wife of the said Zayd or not? Please write the answer with proofs. In “Akhtari Bihishti Zewar” (“Heavenly Ornaments”; p. 18, vol. 4) it is recorded that (if) someone, in intoxication from wine and the like, gave his wife talaq, (and) when he came to his senses he regretted it, even then the talaq took effect; likewise, in a state of anger too talaq takes effect.

Answer

Talaq takes effect even in a state of anger; this is also the school of the Hanafis. Some of the later Hanbalis have inclined to the view that talaq does not take effect in a state of anger, but this is not the position of the early ones among them; rather, they agree with the Hanafis: [ar]وَقَالَ أَبُو دَاوُدَ: الطَّلَاقُ أَظُنُّهُ فِي الْغَضَبِ[/ar] “Abu Dawud said:…

Source: Fatawa Mahmudiyya

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