Does the divorce of an intoxicated person take effect?
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The questioner : Does the divorce of an intoxicated person take effect?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment:
The scholars (may Allah have mercy on them) differed regarding whether the divorce of an intoxicated person takes effect. By an intoxicated person, we mean one who does not know what he is saying because of his intoxication.
Some scholars said that the divorce of an intoxicated person does not take effect because he does not know what he is saying; he is speaking without intention and without deliberation. If we were to enforce his divorce, it would result in his wife becoming forbidden to him and permissible to others. Imam Ahmad (may Allah have mercy on him) said: "I used to say that the divorce of an intoxicated person takes effect until I realized that if I said it takes effect, I would be committing two things: making her permissible to others and forbidding her to him. But if I do not say it takes effect, I am only committing one thing, which is making her permissible to her husband."
Some scholars said that the divorce of an intoxicated person does take effect because this intoxication is a forbidden intoxication for which there is no excuse, so the divorce takes effect upon him as an increase in his punishment.
The first opinion is more apparent from the perspective of reasoning. However, if this becomes common among people, meaning if intoxication through divorce becomes widespread, and the judicial authority sees fit to enforce this divorce and make it take effect, that is an Umayri policy. 'Umar governed people with this policy regarding the triple divorce. When the triple divorce was in the time of the Prophet (peace and blessings be upon him and his family) and the time of Abu Bakr (may Allah be pleased with him), and for two years of the caliphate of 'Umar (may Allah be pleased with him), the triple divorce was considered one divorce. When people began to do it frequently, and it is forbidden, 'Umar (may Allah be pleased with him) said: "I see that people have hastened in a matter in which they used to be deliberate. So if we were to enforce it upon them, we would enforce it." He prevented those who divorced three times from taking back their wives.
On this occasion, I would like to offer advice to my Muslim brothers who have been afflicted with drinking intoxicants: let them fear Allah (Mighty and Majestic) and know that intoxicants are the mother of all evils and the key to all evil. Whoever drinks them in this world will not drink them in the Hereafter. When a person is afflicted with this, he may divorce his wives, destroy his wealth, and commit fornication with those closest to him. For this reason, intoxicants are called the mother of all evils and the key to all evil. Whoever is afflicted with this, the door of repentance is open, so let him repent to Allah (Mighty and Majestic) before it is too late, let him erase its mention from his heart, let him stay away from associating with those who are afflicted with it, and let him seek help from Allah and ask Him for steadfastness. If Allah knows from him the sincerity of his intention, He will strengthen him to leave it; otherwise, he will perish. We ask Allah for well-being for us and for our Muslim brothers.
The questioner : May Allah bless you, O honorable Shaykh.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment:
The scholars (may Allah have mercy on them) differed regarding whether the divorce of an intoxicated person takes effect. By an intoxicated person, we mean one who does not know what he is saying because of his intoxication.
Some scholars said that the divorce of an intoxicated person does not take effect because he does not know what he is saying; he is speaking without intention and without deliberation. If we were to enforce his divorce, it would result in his wife becoming forbidden to him and permissible to others. Imam Ahmad (may Allah have mercy on him) said: "I used to say that the divorce of an intoxicated person takes effect until I realized that if I said it takes effect, I would be committing two things: making her permissible to others and forbidding her to him. But if I do not say it takes effect, I am only committing one thing, which is making her permissible to her husband."
Some scholars said that the divorce of an intoxicated person does take effect because this intoxication is a forbidden intoxication for which there is no excuse, so the divorce takes effect upon him as an increase in his punishment.
The first opinion is more apparent from the perspective of reasoning. However, if this becomes common among people, meaning if intoxication through divorce becomes widespread, and the judicial authority sees fit to enforce this divorce and make it take effect, that is an Umayri policy. 'Umar governed people with this policy regarding the triple divorce. When the triple divorce was in the time of the Prophet (peace and blessings be upon him and his family) and the time of Abu Bakr (may Allah be pleased with him), and for two years of the caliphate of 'Umar (may Allah be pleased with him), the triple divorce was considered one divorce. When people began to do it frequently, and it is forbidden, 'Umar (may Allah be pleased with him) said: "I see that people have hastened in a matter in which they used to be deliberate. So if we were to enforce it upon them, we would enforce it." He prevented those who divorced three times from taking back their wives.
On this occasion, I would like to offer advice to my Muslim brothers who have been afflicted with drinking intoxicants: let them fear Allah (Mighty and Majestic) and know that intoxicants are the mother of all evils and the key to all evil. Whoever drinks them in this world will not drink them in the Hereafter. When a person is afflicted with this, he may divorce his wives, destroy his wealth, and commit fornication with those closest to him. For this reason, intoxicants are called the mother of all evils and the key to all evil. Whoever is afflicted with this, the door of repentance is open, so let him repent to Allah (Mighty and Majestic) before it is too late, let him erase its mention from his heart, let him stay away from associating with those who are afflicted with it, and let him seek help from Allah and ask Him for steadfastness. If Allah knows from him the sincerity of his intention, He will strengthen him to leave it; otherwise, he will perish. We ask Allah for well-being for us and for our Muslim brothers.
The questioner : May Allah bless you, O honorable Shaykh.