His wife compelled him to write her divorce
31-3-2008 | IslamWeb
Question:
Aslamo Alakum......I have a serious situation ,I and my wfie were living nicly but nearly one year before....she started fighting,insulting,and behaving agressively....after ,two or three months late,she started to ask me ,to divorce her,she started screaming,weeping,cursed,her behaviour became very agressive, it seemed that she is under much mental stress(i do not know the reasons of that stress) .....one day i went home at evening she started weeping and saying that i should divorce her as soon as possible, if i will not do this then she has another option,she will commite sicide,she will jump from the roof,that time my mind blocked and i had no option except i should do as she is saying...I wrote ONCE,without my INTENTION , the wording"i divorce....her name,and sighed" but did not UTTERD these words (verbally).....she also STRESSED on that i should divorce her on stamp papers by writing these wordings....I tried much to calm down her, but she did not agreed,she behaved very agressivly,started weeping and screamed loudly and said,do as she is saying, ... 2nd day she called me and statred to ask me i should do as she is saying ......other wise SHE will be not responsible for the effects,........so 2nd day i wrote on stamp paper same wordings three times and signed, without my INTENTION to divorce her,did not UTTERED these words, her brother came i gave this to him ..........after two months later,I went, home and said you are still my wife lets live together.......she became agressive ,started screaming,gave the threats,and then very angerly and agressivly said i should write wordings "i am divorceing....her name.......intentally" again i had no way so I wrote these words once and signed, without my INTENTION (to divorce )her......and did not UTTERED these words,NOW WHAT IS THE POSITION according to QURAN and SUNNA, WHAT IS THE ACTUAL HAPPNING ,Still I do not want to divorce her , please reply as soon as possible
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu 'alyhi wa sallam, is His slave and Messenger.
According to the most preponderant opinion of the scholars writing the word divorce does not lead to divorce unless the husband intends it. Moreover, saying, “I will divorce you,” is a promise of divorce, so divorce does not take place unless he intends it. For more details, please refer to Fatwas 90543 and 92476.
Therefore, divorce did not take place in the circumstances when you did not intend divorce and did not utter it – meaning, the first two instances which you mentioned in the question.
As regards the third instance, you mentioned once “intentionally”, if you had not intended divorce, then divorce did not take place.
Even if we presume that divorce did take place, then you can still take her back as your wife, and it is not a condition for her to accept you taking her back in order for this taking back to be valid.
We advise you to leave her with her family for a while so that she would regain her reasoning and calm down, and then you should endeavour to find out with her the reasons which led her to this situation and seek the appropriate treatment for each situation. It might be that something happened and she misinterpreted it, or that she has a psychological disease, or evil eye or even being possessed by Jinn; each situation has a known treatment.
For more benefit, please refer to Fatwa 88486.
Allaah Knows best.