He divorced his wife before consummating the marriage and he does not know what he said because he was so angry

Question: 109216

I did a shar‘i marriage contract with a woman and registered it with the authorities, and I have not consummated marriage with her yet, because I am waiting for official procedures to get the visa so that she can come and join me. We had an argument on the phone, and I lost my reason and I did not know what I was saying, to the extent that I said the words “You are divorced (talaaq), you are divorced, you are divorced.” Then she alerted me by saying, “Fear Allah, fear Allah.” Then I came back to my senses. Does this count as divorce?.

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

If a man does the shar‘i marriage contract with a woman, then he divorces her, it counts as a divorce, whether he consummated the marriage with her or not, and whether the marriage was registered with the authorities or not.

But if, as you say, you spoke the word of divorce when you did not know what you were saying because of severe anger, then it does not count as a divorce.

We have previously discussed the issue of divorce in a state of anger, and what counts as divorce and what does not in such cases, in the answer to question number 45174.

You should beware of using the word of divorce (talaaq) and avoid it in all situations, especially since you are at the beginning of your married life, because this is something which will make the wife afraid and anxious, and it could lead to separation between you in ways you do not want.

We ask Allah to guide us and you.

And Allah knows best.

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