What is the ruling on the divorce of a drunk man if he is aware of what he is saying, and what rulings are obligatory for this woman?
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The questioner : Peace be upon you.
The Shaykh : Peace be upon you and the mercy of Allah.
The questioner : The honorable Shaykh, one of them asks: He divorced his wife while in a state of intoxication, but he says that he was in a state of severe intoxication and was speaking and aware of his words. What is the ruling on his divorce? Does it take effect? This is the issue. And the second one.
The Shaykh : The second one is prohibited.
The questioner : No, regarding the case itself: What is obligatory for this divorced woman, and what are the rulings related to her?
The Shaykh : Yes, there is scholarly disagreement regarding the divorce of a drunk man. Some hold that it does not take effect, and some hold that it does take effect.
And regarding this problem you mentioned, because this man is drunk but he is aware of what he is saying. You say: he is aware of what he is saying. It must be presented to the court. It must be presented to the court.
Unless this divorce is the first or second, in which case it is said to the husband: Take her back, to ward off the doubt.
The questioner : He should take the most cautious course.
The Shaykh : To ward off the doubt, otherwise it must be presented to the court so that the judge rules as he sees fit.
The questioner : O Shaykh, the second issue: If the divorce takes effect, if the judge rules that the divorce has taken effect?
The Shaykh : If he rules that the divorce has taken effect, then the woman, once her waiting period ends, is free to marry whomever she wishes.
The Shaykh : Peace be upon you and the mercy of Allah.
The questioner : The honorable Shaykh, one of them asks: He divorced his wife while in a state of intoxication, but he says that he was in a state of severe intoxication and was speaking and aware of his words. What is the ruling on his divorce? Does it take effect? This is the issue. And the second one.
The Shaykh : The second one is prohibited.
The questioner : No, regarding the case itself: What is obligatory for this divorced woman, and what are the rulings related to her?
The Shaykh : Yes, there is scholarly disagreement regarding the divorce of a drunk man. Some hold that it does not take effect, and some hold that it does take effect.
And regarding this problem you mentioned, because this man is drunk but he is aware of what he is saying. You say: he is aware of what he is saying. It must be presented to the court. It must be presented to the court.
Unless this divorce is the first or second, in which case it is said to the husband: Take her back, to ward off the doubt.
The questioner : He should take the most cautious course.
The Shaykh : To ward off the doubt, otherwise it must be presented to the court so that the judge rules as he sees fit.
The questioner : O Shaykh, the second issue: If the divorce takes effect, if the judge rules that the divorce has taken effect?
The Shaykh : If he rules that the divorce has taken effect, then the woman, once her waiting period ends, is free to marry whomever she wishes.