What is Made Conditional in Divorce is Dependent Upon the Condition

Question :

A man said to his wife when he was angry: "Consider yourself divorced today or tomorrow." And what he meant by that was the day in the future when he will submit the case for divorce to the Court. What is the ruling?

Answer:

Anger is a condition that seizes a person when something occurs that inflames him and excites his nerves. The Prophet ﷺ advised a man who said to him: "O Messenger of Allah! Advise me," He said:
"Do not get angry."

And he (i.e. the man) repeated his request many times, but the Prophet
ﷺ said:
"Do not get angry."

The Prophet ﷺ informed us that anger is a smoldering ember that Satan casts into the heart of the son of Adam. The Prophet ﷺ praised the person who controls himself when he is angry, saying:
"Strength is not in fighting. the strong is only the one who controls himself when he is angry."

Based upon this, it is incumbent upon man, when he senses. anger, to use whatever means available to lessen that anger. Such as seeking refuge with Allah from the accursed Satan. Al- Bukhari and Muslim reported: "Two men abused each other in the presence of the Prophet ﷺ, the eyes of one of them became red as embers and the veins of his neck were swollen. Thereupon Allah's Messenger said:
"I know of a statement, which if he were to utter it, his fit of rage would be no more (and that wording is): I seek refuge with Allah from the accursed Satan."

Based upon this, it is incumbent upon a man to control himself when he is angry, and not to be hasty in carrying out something the consequence of which may be unpleasant. The scholars have said that anger is of three types:

The First: When it causes the one afflicted by it to be unaware of what he is saying; in this case, there is no judgement on on his words, whether he pronounced divorce, Zihar, Iyla or anything else, because it comes under the ruling of one who has lost his senses and his rationality.

The Second: When the anger is slight and the person controls. himself, and he is able to do as he wishes. In this case, whatever he said, whether divorce or otherwise, would be implemented.

The Third: This is between the two (aforementioned) cases. One knows what he is saying, but due to the strength of his anger's power over him, he cannot control himself and so he pronounces divorce or something else, such as Zihar or lyla'.

Among the scholars are those who hold the view that his words. are taken into account, and that if he pronounced divorce in such circumstances, the divorce is counted and implemented. Others hold the view that no account is taken of it, and that the divorce is not counted or implemented. This last saying is the nearer to the truth, according to the words of the Prophet ﷺ :
"There is no divorce in Ighlaq (coercion)."

So if this questioner said something to his wife that effects divorce when he was angry, then the divorce would not be counted, since he was not at that time in control of himself.

As for the saying of the questioner to her: "Consider yourself divorced today or tomorrow," meaning thereby a day in the future when he will submit the divorce case to the Court, then if divorce results after that, the divorce will have taken place. Because what is conditional upon something is dependent upon that condition, so if the condition is present, that which is conditional upon it will also be present.

However, if he did not intend to make a condition, but only that he would divorce on that day in the future, then he may abandon the divorce. If he does not divorce her, there is no sin upon him in that, and his wife will not be divorced thereby, because there is a difference between one who intends divorce and one who makes divorce conditional upon something. So whoever intended divorce, his wife will not be divorced unless he pronounces the words of divorce, or that which carries the same ruling. But if he made it conditional upon something, when that condition is fulfilled, divorce will take place, unless the divorce carries the ruling of an oath, then the divorce does not count and he is obliged to make atonement for the oath, which is to feed ten poor persons or clothe them, or to free a slave. If he does not have the means to do that, or he finds neither poor people nor a slave, he must fast for three consecutive days, according to the Words of Allah, Most High:
"Allah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masäkin (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn."

The requirement to fast on three consecutive days was only made incumbent due to the recitation of Ibn Mas'ud who used to read:
"then he should fast for three consecutive days."

The divorce will have the ruling of an oath, if it was intended by the condition to encourage, prohibit, affirm or belie. However, we advise our Muslim brothers to avoid swearing to divorce, based on the words of the Prophet ﷺ :
"Whoever swears, let him swear by Allah, or be silent."

And, because many of the scholars or most of them do not hold the view that the ruling on conditional divorce is that of an oath no matter what the form. They say that whenever the condition upon which the divorce is dependant exists, then the divorce has occurred, whether his intent was to make the oath a condition or anything else. And it is Allah (Alone) Whose Help can be sought.