Back to search
The question

Does the divorce of a man afflicted by jinn or sorcery take effect, knowing that he divorced his pregnant wife three separate times, and is his ruling the same as that of the intoxicated and the enraged?

Share this answer

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

Divorce is an action that has consequences, and it is a condition for the divorcer to be of full legal capacity (sane, mature, acting willingly). Accordingly, the divorce of a child, an insane person, or someone acting under duress does not take effect, based on the hadith: "The pen has been lifted from three." So, for one who has lost his mind or will due to magic or continuous insanity, his divorce or any other actions are not given consideration; because intellect and will are the basis of accountability.

However, if the person afflicted by magic or insanity sometimes regains consciousness, and divorces his wife during his period of lucidity and free will, then his divorce takes effect. His wife becomes irrevocably divorced (baynunah kubra) if the three pronouncements of divorce occurred during his periods of lucidity. The wife's pregnancy does not affect the occurrence of divorce, and the waiting period (iddah) for a pregnant woman is until she gives birth.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
35570
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy