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The question

Does a divorce occur when a husband says to his wife, "You are divorced," while he is angry and under the influence of drugs, and does the ruling differ if there has been a valid seclusion (khalwa) without consummation?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a husband divorces his wife with an explicit divorce, being fully aware of what he is saying and not of unsound mind, then his divorce is valid, even if he was angry or intoxicated. If the divorce occurs before consummation and privacy (al-khulwah), it is an irrevocable divorce (ṭalāq bā’in), and the husband cannot take her back except with a new contract. However, after privacy (al-khulwah) in which intercourse is possible, it is considered equivalent to consummation according to some scholars, and the divorcing husband can take her back without needing a new contract. The husband must offer sincere repentance for drug abuse, as it is a reprehensible act and a major sin.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
153362
Imported
Translation status
Source text, unreviewed
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