Back to search
The question

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?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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 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.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
149109
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
Read the full answer on Ftawy