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The question

What is the Islamic legal ruling concerning a man who used to verbally divorce his wife by three pronouncements while unconscious, then repented, became regretful, and started praying?

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

Scholars differ on the divorce of an inebriated person if their intoxication is due to consuming what is forbidden, holding two views:

The first view: His divorce is valid, because his intellect was removed by an act of disobedience, and thus it serves as a punishment and a deterrent for him.

The second view: His divorce is not valid, and this is the more preponderant view, which Imam Ahmad’s opinion settled upon, based on evidence including:

1. The Almighty’s saying: (O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying), which indicates that the words of an inebriated person are not considered. 2. The non-acceptance of an inebriated person’s confession of adultery, similarly, his divorce does not take effect. 3. The saying of Uthman ibn Affan and Ibn Abbas (may Allah be pleased with them): "There is no divorce for an insane person nor for an inebriated person" and "The divorce of an inebriated person and one who is compelled is not permissible." 4. The inebriated person lacks free will, resembling one who is compelled. 5. One whose intellect is gone resembles an insane person and a sleeping person. 6. Intellect is a condition for legal accountability (taklif), and legal accountability is not directed towards one who does not comprehend it.

A group of scholars, such as Sheikh al-Islam Ibn Taymiyyah and Ibn al-Qayyim, have preferred this view, and Sheikhs Ibn Baz and Ibn Uthaymeen have issued fatwas based on it.

As for his actions like adultery, murder, and theft, he is held accountable for them by consensus. However, as for his statements, such as divorce, manumission, or sale, he is not held accountable for them if the removal of his intellect is proven.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
12040
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
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Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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