Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

My father is sixty-five years old, and in the last two years he has changed greatly. He divorced my mother, saying: “You are divorced sixty times.” He divorces her and she returns to him once. What is your opinion, O honorable Shaykh? Should she return to him, given that he has reached this advanced age and he is in need of someone to support him?

Machine translationRead the Arabic original
The questioner : He says:The questioner : My father is sixty-five years old. In the last two years, he has changed greatly. He divorced my mother, saying: “You are divorced sixty times.” He divorces her and she returns to him once. What is your opinion, O honorable Shaykh? Should she return to him, given that he has reached this advanced age and he is in need of someone to support him? Please give us a ruling, may Allah reward you. May Allah reward you with good.

The Shaykh : I say: If this statement that comes from him is without awareness, then there is no divorce upon him, based on the saying of the Prophet (peace and blessings be upon him and his family):
There is no divorce in a state of being overwhelmed. لا طلاق في إغلاق
Sunan ad-Daraqutni 16:86
. This is a text regarding divorce. And based on the saying of Allah the Exalted:
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths لا يُؤَاخِذُكُمْ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمْ الأَيْمَانَ
[Al-Ma'idah 5:89]
. So if this man does not know what he is saying, but he divorced out of distress and hardship, then there is no divorce upon him at all, neither one nor sixty. But if he is of sound mind, then if he says: “You are divorced by sixty,” we say: Three is sufficient from you, and fifty-seven are for you. Is that not so? Yes. So you must investigate. In reality, the age of sixty-five does not lead to senility and rambling unless a person is afflicted with a disease of the head. But usually, one does not reach rambling at this age. The conclusion is: If the father, when he spoke these words, was aware of what he was saying and knew what he was saying, then the divorce has taken place. Then, does it become three or one? There is scholarly disagreement on this. But if he is not aware of what he is saying, then the divorce has not taken place.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas