What is the ruling on divorcing one's wife while intoxicated and angry, given that the matter has not been taken to the Sharia court?
A wine-drinker has committed a great sin, and the Prophet, peace and blessings be upon him, threatened him with not drinking it in the Hereafter or being given to drink from ṭīnat al-khabāl, which is the putrid discharge of the people of Hellfire. Sincere repentance is the path to atonement. Scholars have differed concerning the divorce pronounced by an intoxicated person. The majority hold that it is valid, while others – and this is the more correct view – believe that it is not valid if the intoxicated person has reached a state where he does not comprehend what he is saying, because he lacks true intention. They cite the story of Ma'iz and the Prophet's, peace and blessings be upon him, confirmation to him that his confession of adultery was not valid if he was intoxicated.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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