Does a husband's divorce of his wife count if he is in a state of severe intoxication and unconsciousness, knowing that he suffers from a nervous disorder and takes sedatives?
If a husband divorces his wife while intoxicated from consuming something forbidden, like alcohol, the majority of scholars hold that the divorce is valid and takes effect. However, some scholars, such as Ibn Taymiyyah, are of the opinion that the divorce does not occur if the intoxicated person has lost his senses and does not comprehend what he is saying.
According to the view of the majority, if this divorce is the first or second, the husband can reconcile with his wife before the ' (waiting period) ends. But if this is the third divorce, she does not become lawful for him until she marries another man in a valid marriage, and then he divorces her after consummation.
However, if the intoxication is due to something permissible, such as anesthesia, or due to an illness that has deprived him of his senses, divorce does not occur in these cases because accountability is lifted.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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