Islam Question and Answer - Threefold divorce counts as one according to the correct scholarly opinion

Threefold divorce counts as one according to the correct scholarly opinion

My friend give divorce to wife in anger.he give three at one time.i read on internt at once three count only single divorec.can u tell me its true?and also i read that anger is three kind it true is well?.

 

Praise be to Allaah.

Firstly: 

The fuqaha’ differed
concerning the threefold divorce (talaaq). The correct view is that it
counts as one divorce, whether it is uttered in a single phrase, such as
saying “You are thrice divorced” or in repeated words such as saying, “You
are divorced, you are divorced, you are divorced.” This is the view favoured
by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) and was the
view regarded as most correct by Shaykh al-Sa’di (may Allaah have mercy on
him) and Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). 

They quoted as evidence the
hadeeth narrated by Muslim (1472) from Ibn ‘Abbaas (may Allaah be pleased
with him) who said: At the time of the Messenger of Allaah (peace and
blessings of Allaah be upon him), Abu Bakr and the first two years of
‘Umar’s caliphate, a threefold divorce was counted as one. Then ‘Umar ibn
al-Khattaab said: People have become hasty in a matter in which they should
take their time. I am thinking of holding them to it. So he made it binding
upon them. 

Secondly: 

If a man divorces his wife
in anger, one of three scenarios must apply: 

1-   
His anger was mild and did not
affect his will and choice, so his divorce is valid and counts as such.

2-   
His anger was so intense that
he did not know or realize what he was saying. This divorce does not count
as such because in this case he was like an insane person who is not to be
brought to account for what he says. 

With regard to these two
scenarios of anger, there is no difference of opinion among the scholars on
the ruling. There remains the third scenario which is: 

3-   
Intense anger which affects a
person’s will and makes him speak words as if he is compelled to do so, but
he soon regrets it as soon as his anger dissipates; but the anger does not
reach the stage where he does not feel or realize what he is saying and
cannot control his words or actions. The scholars differed concerning the
ruling on this type of anger. The more correct view – as Shaykh Ibn Baaz
(may Allaah have mercy on him) said – is that it does not count as such
either, because the Prophet (peace and blessings of Allaah be upon him)
said: “There is no divorce and no manumission at the time of coercion.”
Narrated by Ibn Majaah (2047); classed as saheeh by al-Albaani in
al-Irwa’ (2047). Coercion here was interpreted by the scholars as
referring to compulsion and intense anger. 

This view was favoured by
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) and his student
Ibn al-Qayyim who wrote a well known essay concerning that entitled
Ighaathat al-Lahfaan fi Hukm Talaaq al-Ghadbaan. 

See the answer to question
no. 45174. 

Based on this opinion, if
your friend spoke the word of divorce at a moment of intense anger, then no
divorce has taken place; if he was slightly angry, then it counts as one
divorce. 

And Allaah knows best.

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