Does a divorce issued by a husband who is mentally ill, and repeated three times with the صيغة (wording) "You are divorced, divorced, divorced, by three," take effect, knowing that his oath was conditional on an act committed by the wife which she denied?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The formula of divorce takes effect if uttered by the husband while he is aware and has full volition, whether in a state of anger or due to a mental illness.
However, if the husband utters it while he is overcome in his mind, then his words are null and void, and nothing results from them. If he utters it while he is aware, there is a difference of opinion among scholars regarding whether divorce takes effect, but the Fatwa issued is that the triple divorce takes effect in this situation.
It is advisable to present these detailed and contentious issues verbally to trustworthy scholars.
Summarized from the full answer at Ftawy · imported
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- 149109
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