Does a divorce take place if a husband says, "By Allah, you are divorced," while he is asleep and unaware of what he is saying, knowing that he utters words while asleep and forgets them after waking up?
A husband's statement to his wife, "You are divorced," is an explicit pronouncement that effects divorce. However, it does not take effect if the husband utters it while asleep and unconscious, due to the hadith: "The pen has been lifted from three: from the sleeper until he awakens..." What is considered in the occurrence or non-occurrence of divorce is the husband's statement, not the wife's. If the husband was conscious of what he said, then the divorce takes effect; if he was not conscious, it does not.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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