Does a triple divorce take effect if it is issued by the husband while he is drunk and knows what he is saying, and it was a conditional divorce contingent upon the wife not entering the house?
It is forbidden for a husband to harm his wife. It is incumbent upon the wife to advise her husband to abandon alcohol and other forbidden acts. She is permitted to seek a divorce if he does not respond. It is not permissible for a wife to refuse her husband's bed without a legitimate excuse, for in the : "If a man invites his wife to his bed and she refuses to come, the angels curse her until morning."
The divorce pronounced by a drunk person is effective if he comprehends what he is saying. If the husband conditioned the triple divorce on his wife attending her cousin's wedding, and the attendance occurred, then the divorce takes effect according to the majority of scholars, and his wife becomes unlawful for him until she marries another man. As for Shaykh al-Islam Ibn Taymiyyah, he holds that the husband must pay an expiation for breaking an oath if he did not intend divorce, and it is a single divorce if he did intend it. He may take her back before the end of her waiting period () if this divorce does not complete the count of three.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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