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I became angry with my wife’s loud voice in this early time of the day and said to her: “you will be divorced if you scream or say any other word to the girl” she disobeyed me and said some things to my daughter after this. What is the ruling on this? Did this divorce take place? If yes, is it considered one or final divorce? What should I do now?.
Praise be to Allaah.
Firstly:
The husband should be cautious and careful, especially when
speaking the words of divorce, so that he will not regret it at the time
when regret will be to no avail. It is unwise for a man to divorce his wife
because she yelled at her daughter or raised her voice.
Secondly:
The scholars call this a conditional divorce, and the correct
view concerning the ruling thereon is that if the husband indeed intended
that divorce should take place, then it takes place when the wife goes
against his wishes, and it counts as one talaaq only.
In this case you should take her back (if this was a first or
second talaaq) by saying: “I take you back” It is mustahabb that you should
have your divorcing and taking back witnessed.
But if your intention was only to stop her yelling, and you
do not intend to divorce her, then this comes under the same ruling as an
oath, and you have to offer the expiation for breaking an oath, and this
does not count as talaaq. See the answer to question no.
82400.
For detailed information on the expiation for breaking an
oath, please see the answer to question no.
45676.
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