Is the statement made by a drunk man to his wife, "You are unlawful to me," considered a divorce?
Scholars have differed regarding the ruling on a husband making his wife unlawful (taḥrīm). Some consider it ẓihār (a pre-Islamic form of divorce), others consider it ṭalāq (divorce), and yet others consider it an oath. The relied-upon with us differentiates based on whether divorce, ẓihār, or an oath was intended. If the husband uttered the words of prohibition while conscious and aware, then he is bound by what he intended, whether it be divorce, ẓihār, or an oath. However, if he uttered it while in a state of severe intoxication that deprived him of awareness, then nothing is binding upon him. It is obligatory to advise those who consume intoxicants, warn them of the consequences, and urge them to repent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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