Back to search
The question

Is the wife considered to be divorced by three pronouncements of divorce, given that the second pronouncement occurred while the husband was intoxicated and remembers nothing, and the third pronouncement was a khulʿ before the court? And if the divorce pronounced by an intoxicated person is not valid, is it permissible for the husband to take her back during her waiting period (ʿiddah) without a new contract, or after the waiting period with a new contract and dowry?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The gist of the answer:

The woman was irrevocably divorced from her husband by a judicial divorce. As for the occurrence of divorce pronounced by a drunkard or one who swears by divorce, there is a difference of opinion among scholars. The majority of scholars hold that it occurs, in which case the woman would have been irrevocably divorced with a major divorce (baynunah kubra). However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him do not consider it to occur. Therefore, she would have been divorced only once, and the husband may take her back (perform a revocable return) if she is within her waiting period ('iddah), or marry her again after its expiry. It is recommended to refer to the Sharia courts.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
59681
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy