Does a divorce issued by a drunken husband count, and do the divorces he issued while drunk count if they are followed by divorces issued by the judge? Is the wife’s waiver of her deferred dower and maintenance valid if only two divorces are counted? Does a divorce count if the judge forces the husband to issue it and he then regrets it, and is it considered an irrevocable divorce (baynunah kubra), and what is the ruling on taking the wife back in this case?

We lean towards the opinion that the divorce of an intoxicated person who does not know what he is saying does not take effect. As for the judge's ruling that the divorce took place, the general principle is that it holds true as long as the judge is just and has not contravened a text or a consensus. As for duress, the general principle is that divorce under duress does not take effect, unless the husband was compelled to divorce rightfully, such as one who swore not to approach his wife (ila’) and the period of ila’ expired without him returning to her. If it is established that three divorces have occurred to the wife, she becomes irrevocably separated from him (baynunah kubra) and is not lawful for him until she marries another husband and he consummates the marriage with her, and then he divorces her or dies. The deferred dowry (mu'akhkhar al-sadaq) and maintenance (nafaqah) are rights of the wife, and if the woman forfeits her right to them, she is not permitted to retract her decision.