The Ruling on the Divorce of the Drunk and the Angry
Machine translationRead the Arabic original
The Shaykh:
May Allah greet you and bless you.
The questioner:
May Allah bless you and reward you. One of the brothers sent this question, saying: Does the divorce of the drunk and the angry take effect?
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, the divorce of the drunk requires a distinction. If he became drunk without his choice, such as if he consumed something without knowing it was intoxicating, but it intoxicated him and he divorced while in that state, then his divorce does not take effect, because he is excused and does not have intention. One does not comprehend intention in a state of intoxication and loss of mind, and he is excused for the loss of his mind. As for if he drank the intoxicant by choice, became drunk, and then divorced while in that state, this is a matter of disagreement among the scholars. The majority hold that his divorce takes effect because he is not excused. As for the angry person, he has three cases. The first case is that he is in the initial stages of anger, and he comprehends what he says and knows what he is saying; in this case, his divorce takes effect by consensus.
The second case is that the anger becomes severe and he loses control, so he does not know what he is saying. If he divorces in this state, his divorce does not take effect by consensus, because he does not have control and does not intend the divorce; rather, he is raving with what he does not know.
The third case is that he is in between, between severe anger and mild anger. This is a matter of disagreement. The stronger position is that his divorce takes effect, because he has his mind and comprehends what he is saying, so his divorce takes effect.
The presenter:
May Allah reward you,
May Allah greet you and bless you.
The questioner:
May Allah bless you and reward you. One of the brothers sent this question, saying: Does the divorce of the drunk and the angry take effect?
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, the divorce of the drunk requires a distinction. If he became drunk without his choice, such as if he consumed something without knowing it was intoxicating, but it intoxicated him and he divorced while in that state, then his divorce does not take effect, because he is excused and does not have intention. One does not comprehend intention in a state of intoxication and loss of mind, and he is excused for the loss of his mind. As for if he drank the intoxicant by choice, became drunk, and then divorced while in that state, this is a matter of disagreement among the scholars. The majority hold that his divorce takes effect because he is not excused. As for the angry person, he has three cases. The first case is that he is in the initial stages of anger, and he comprehends what he says and knows what he is saying; in this case, his divorce takes effect by consensus.
The second case is that the anger becomes severe and he loses control, so he does not know what he is saying. If he divorces in this state, his divorce does not take effect by consensus, because he does not have control and does not intend the divorce; rather, he is raving with what he does not know.
The third case is that he is in between, between severe anger and mild anger. This is a matter of disagreement. The stronger position is that his divorce takes effect, because he has his mind and comprehends what he is saying, so his divorce takes effect.
The presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 03/181 — archive.org (0:55)
The Arabic text is a machine transcription of the audio recording.