Praise be to Allaah.
Divorce in the state of anger:
If the anger reached a level where the individual did not
know what he was saying, or it was extreme anger that made him issue the
divorce, and were it not for the anger he would not have issued the divorce,
then it does not count as a divorce. This has been discussed previously in
the answer to question no. 45174.
The fuqaha’ differed concerning the threefold divorce, and
the most correct opinion is that it counts as one divorce, whether it was
uttered in a single phrase, such as saying “you are thrice divorced”, or it
was uttered in separate phrases such as saying, “you are divorced, you are
divorced, you are divorced.” By the same token, if he issued a divorce then
he repeated it during the ‘iddah, the divorce before taking her back is part
of the first divorce, because it only happens once, and divorce can only
happen again after a marriage contract or after taking the wife back. See
the answer to question no. 96194.
It is not essential or obligatory to have witnesses to the
divorce. If a man utters the word of divorce, then divorce has taken place,
even if it is in the absence of the wife or no one else was present. The
same applies if he writes the word of divorce in a message or on a piece of
paper with the intention of divorce; divorce has taken place in this case.
It was narrated that there was scholarly consensus that it is
not essential to have witnesses to divorce.
Al-Shawkaani (may Allah have mercy on him) said concerning
the issue of having witnesses to taking the wife back: Among the evidence
that it is not essential is the fact that there was scholarly consensus that
it is not essential to have witnesses to divorce, as was narrated by
al-Muwazi‘i in Tayseer al-Bayaan. And taking back the wife is of a
similar nature, so it (having witnesses) is not essential in that case as it
is not essential in the case of divorce. End quote from Nayl al-Awtaar,
Allah has enjoined having witnesses to divorce and taking
back the wife in the verse in which He says (interpretation of the meaning):
“Then when they are about to attain their term appointed,
either take them back in a good manner or part with them in a good manner.
And take as witness two just persons from among you (Muslims)”
This command is by way of recommendation and preference
according to the majority of fuqaha’. See the answer to question no.
Abu Dawood (2188) narrated that ‘Imraan ibn Husayn was asked
about a man who divorced his wife, then had intercourse with her but he had
not called witnesses to the divorce or to his taking her back, and he said:
Your divorce was not in accordance with the Sunnah and your taking her back
was not in accordance with the Sunnah; bring witnesses to the divorce and to
taking her back, and do not do (this mistake) again. It was classed as
saheeh by al-Albaani in Saheeh Abi Dawood.
It may also be understood as meaning that it is mustahabb to
The words “bring witnesses to the divorce and to taking her
back, and do not do (this mistake) again”
indicate that witnessing divorce or taking back the wife may come after the
fact, hence he told him to bring witnesses to both even though they had
Shaykh ‘Abd al-Muhsin al-‘Abbaad (may Allah preserve him)
said: This indicates that witnessing may come later and that it does not
have to be at the time of the divorce or at the time of taking the wife
back; rather a man may issue a divorce and then have it witnessed or he may
take back his wife and then have it witnessed. And the taking back may be in
the form of intercourse, because if a man has intercourse with his divorced
wife during her ‘iddah, that constitutes taking her back. Or it may be done
verbally, but having it witnessed is required so that it will be known that
the divorce has ended with the taking back. And the same applies to divorce.
End quote from Sharh Sunan Abi Dawood.
To sum up: your divorce issued in the state of extreme anger
does not count as such, and the threefold divorce counts as one divorce; it
is not essential to have divorce witnessed and the same applies to taking
the wife back.
We advise you to be careful and avoid using the word divorce
And Allah knows best.