Does a divorce issued by a husband who is psychologically, nervously, and suspiciously ill, who verbally divorced his wife twice, then sent a divorce message while drunk and angry, then divorced her again after a partial improvement in his behavior, take effect?
Anger does not prevent divorce unless it deprives the person of their awareness. The divorce of an intoxicated person is not valid if they have lost awareness, but it is valid if they are aware. Writing a divorce is a metaphorical expression, and divorce does not occur by it unless intended. Any divorce uttered by the husband without awareness and choice is not effective. Any divorce uttered by him while he is aware and has chosen to do so is effective, even if he is angry, intoxicated, or suffering from a mental or nervous illness. If three divorces have been completed, you become irrevocably separated from him by a major divorce. The matter should be presented to the court or to trustworthy scholars to ascertain the husband's state at the time he uttered the divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 139330
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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