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Does the divorce of the angry one take effect?
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Question:
Does the pronouncement of divorce for the one who is angry take effect?
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Answer:
As for the divorce of the angry one, then it takes effect as some have said, and that is because divorce does not emanate except when under anger, so he would not be excused due to his anger- except if he was angry to such a degree that he loses his consciousness and his ability to distinguish as well as his intellect cease - then he falls under the ruling of the mad one, and likewise the one who is drunk – according to that which is correct is that his pronouncement of divorce does not take effect and nor does his acceptance (agreement) and nor are his entire dealings correct due to the absence of his intellect.
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Shaykh `Abdur-Rahmaan as-Sa`dee
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Al-Majmoo'ah al-kaamilah li-muallafaat Ash-Shaikh 'Abdir-Rahmaan As-Sa'dee vol 7 page 365
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Translated by Aboo Haatim Muhammad Farooq
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