Does a divorce issued by a husband while he is drunk, and which he repeated at different times, take effect, and is the wife still under his responsibility or not?
The majority of scholars hold that the divorce of a drunken person is valid, while some do not consider it valid if there is a complete loss of consciousness, and this is the more preponderant view. If a husband pronounces divorce while he is relatively conscious, his wife becomes irrevocably divorced from him (baynunah kubra), and she is not lawful for him until after she marries another husband. However, if he pronounces divorce while he has completely lost consciousness, he is held accountable for what he divorced while relatively conscious, and he can take her back as long as she is within her waiting period () without a new contract, or with a new contract after the iddah with her consent. This man should be advised and reminded of the impermissibility of intoxication. If he does not respond, his wife should refer her case to the court to request a divorce.
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