Does a divorce occur if the husband utters it twice, knowing that he took his wife back after the first time, and claimed that he was angry and drunk on both occasions?
Both of you must refer to the Court to rule on whether the divorce of an intoxicated person is valid or not, and the number of divorces. The husband must repent from drinking intoxicants and reveal the truth to the judge. You must not allow him to have intercourse with you until the matter is resolved. Sheikh Ibn Uthaymeen mentioned that there is a difference of opinion on this issue. The well-known position of the Hanbali school is that his divorce is valid as a punishment for him, while others hold that it is not valid because he does not comprehend what he is saying, and this is the more appropriate view, and that the punishment extends to the wife. He indicated that the correct view is that the divorce of an intoxicated person is not valid, but one should refer to the Sharia Court regarding this. In the event that he comprehends what he is saying, the matter should be presented to the court for the judge to rule as he deems fit.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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