Mention of the issue: Does the divorce of an intoxicated person or one who has fainted take effect?
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The Shaykh: Although some scholars held that if a person drinks an intoxicant and becomes intoxicated, and in his state of intoxication he divorces his wife or marries off his daughter or the one under his guardianship, they differed on whether to execute his divorce and similar contracts. Those who held this view considered the reality of his condition, which is that he has lost his mind. As long as he has lost his mind, it is not permissible to bind him to the contract he entered into.
But the other scholars say: His loss of mind was by his own hand, and he is not like one who has fainted, for example, nor is he like the insane person to whom that was decreed by the divine decree and destiny of Allah. Therefore, the divorce of the intoxicated person takes effect because he is the cause of this divorce.
But the other scholars say: His loss of mind was by his own hand, and he is not like one who has fainted, for example, nor is he like the insane person to whom that was decreed by the divine decree and destiny of Allah. Therefore, the divorce of the intoxicated person takes effect because he is the cause of this divorce.
Source
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