Fatwa No. (13443) Q: If a madman divorces his wife, is this divorce valid?
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Fatwa number ( 13443 )
Q: If a madman divorces his wife, is this divorce valid?
A: The divorce of a madman does not take effect; because he is not accountable; due to the loss of his intellect, and the hadith has come regarding this. So, from Ali (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), he said:Sunan Abi Dawud 4403Sahih (Al-Albani) It was narrated by Abu Dawud and others. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: If a madman divorces his wife, is this divorce valid?
A: The divorce of a madman does not take effect; because he is not accountable; due to the loss of his intellect, and the hadith has come regarding this. So, from Ali (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), he said:
There are three (persons) whose actions are not recorded: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he comes to reason.
رفع القلم عن ثلاثة: عن النائم حتى يستيقظ، وعن الصبي حتى يحتلم، وعن المجنون حتى يعقل
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.