A husband divorced his wife while unconscious, but when he regained consciousness, his family informed him that he had uttered the words of divorce several times. Now he is confused about what to do.
Machine translationRead the Arabic original
The questioner : A husband divorced his wife while unconscious, but when he regained consciousness, his family informed him that he had uttered the words of divorce several times. Now he is confused about what to do: is it considered that he divorced his wife, or what? He seeks an answer to this question. May Allah reward you.
The Shaykh : If the loss of consciousness was due to drinking intoxicants, which is referred to as the divorce of the intoxicated person, the scholars differed on whether the divorce takes effect from him. Some scholars say that the divorce of the intoxicated person takes effect as a punishment for his intoxication, because intoxication, may Allah protect us from it, is forbidden in the Book, the Sunnah, and the consensus of the Muslims. Allah the Exalted said:[Al-Ma'idah 5:90-91], and the Prophet (peace and blessings be upon him) said: Sahih Muslim 2003b The Muslims agreed on the prohibition of intoxicants, and the scholars said: if a person believes that intoxicants are permissible, and he is one who has lived among Muslims, he becomes a disbeliever for permitting what the Muslims have unanimously agreed is forbidden, and thus he becomes a disbeliever. Some scholars, due to the severity of the crime of the one who drinks intoxicants, hold that part of his punishment is that we hold him accountable for all his statements, including divorce. Therefore, if he divorces while intoxicated, the divorce takes effect from him.
Others among the scholars hold that the divorce of the intoxicated person does not take effect, because he is without consciousness and without will, and the original state is the continuation of the marriage. The punishment for the intoxicated person is by striking him, not by holding him accountable for statements he did not intend or desire. Furthermore, if we punish him by making the divorce take effect, it may be a punishment for him and his family as well, because divorce involves another person besides the one divorcing. He may have children from this wife, and this would result in the separation of the children and the scattering of the family. This is the stronger position: that the divorce of the intoxicated person does not take effect. Imam Ahmad (may Allah have mercy on him) explicitly stated that he retracted his view that the divorce of the intoxicated person takes effect. He explained that the reason for his retraction is that if he said the divorce of the intoxicated person takes effect, it leads to two things: it forbids her to her husband and permits her to another man. But if he said the divorce of the intoxicated person does not take effect, it leads to only one thing: that he permits her to this intoxicated husband. However, if a judge among the Muslim judges, meaning among the Muslim qadis, rules that the divorce of the intoxicated person takes effect, his ruling is not annulled. My advice to my Muslim brothers is to avoid such trivial matters from which they gain nothing except Satan’s play with them and their minds. It is established in reality that intoxication leads to many harms, because it is the key to all evil. Many intoxicated people, may Allah protect us from it, are driven by their intoxication to kill themselves or kill one of their family members, and intoxication may drive them to commit fornication with their mother or one of their close relatives. We ask Allah for health for us and for our Muslim brothers.
The Shaykh : If the loss of consciousness was due to drinking intoxicants, which is referred to as the divorce of the intoxicated person, the scholars differed on whether the divorce takes effect from him. Some scholars say that the divorce of the intoxicated person takes effect as a punishment for his intoxication, because intoxication, may Allah protect us from it, is forbidden in the Book, the Sunnah, and the consensus of the Muslims. Allah the Exalted said:
(90) O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful. (91) Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist?
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنصَابُ وَالأَزْلامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ * إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلاةِ فَهَلْ أَنْتُمْ مُنتَهُونَEvery intoxicant is Khamr and every intoxicant is forbidden.
كل مسكر خمر، وكل مسكر حرامOthers among the scholars hold that the divorce of the intoxicated person does not take effect, because he is without consciousness and without will, and the original state is the continuation of the marriage. The punishment for the intoxicated person is by striking him, not by holding him accountable for statements he did not intend or desire. Furthermore, if we punish him by making the divorce take effect, it may be a punishment for him and his family as well, because divorce involves another person besides the one divorcing. He may have children from this wife, and this would result in the separation of the children and the scattering of the family. This is the stronger position: that the divorce of the intoxicated person does not take effect. Imam Ahmad (may Allah have mercy on him) explicitly stated that he retracted his view that the divorce of the intoxicated person takes effect. He explained that the reason for his retraction is that if he said the divorce of the intoxicated person takes effect, it leads to two things: it forbids her to her husband and permits her to another man. But if he said the divorce of the intoxicated person does not take effect, it leads to only one thing: that he permits her to this intoxicated husband. However, if a judge among the Muslim judges, meaning among the Muslim qadis, rules that the divorce of the intoxicated person takes effect, his ruling is not annulled. My advice to my Muslim brothers is to avoid such trivial matters from which they gain nothing except Satan’s play with them and their minds. It is established in reality that intoxication leads to many harms, because it is the key to all evil. Many intoxicated people, may Allah protect us from it, are driven by their intoxication to kill themselves or kill one of their family members, and intoxication may drive them to commit fornication with their mother or one of their close relatives. We ask Allah for health for us and for our Muslim brothers.