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What is the ruling of Islamic law regarding someone who finds himself repeating his wife's name and uttering the oath of divorce while unintentionally asleep?

1 min readAlso available in العربية

The divorce of a sleeping person does not take effect because their intent is absent. Utterances are only considered legally binding from someone who comprehends and intends them, and a sleeping person does not comprehend what they utter. Jurists have used as evidence the hadith: "The pen has been lifted from three: from the sleeper until he awakens." The same applies to any verbal act that causes harm. This includes someone who wakes up uttering a divorce; they are not held accountable for what preceded before their full awakening and control.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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