She says she is the wife of a man addicted to intoxicants, and may Allah protect us from that. One time he drank until he became intoxicated and then divorced her. Does his divorce take effect while he is in a state of intoxication, or does it not?

The questioner : She says she is the wife of a man addicted to intoxicants, and may Allah protect us from that. One time he drank until he became intoxicated and then divorced her. Does his divorce take effect while he is in a state of intoxication, or does it not?

The Shaykh : First, before we answer this question, we advise this man and others who are afflicted with drinking intoxicants, and we inform them that intoxicants are the mother of all evils and the key to every evil. The Prophet (peace and blessings be upon him) said: He also informed that whoever drinks it in this world will not drink it in the Hereafter. Some scholars said: The meaning of is that he does not enter Paradise, because whoever enters Paradise must drink from the wine therein. And this wine has no intoxication in it, nor do they become delirious from it. Other scholars said: "He will not drink it in the Hereafter" means that if he enters Paradise, he will be deprived of the pleasure of enjoying the wine of Paradise. Whichever of these two meanings is correct, it is evidence of the punishment for the one who drinks intoxicants. The Prophet (peace and blessings be upon him) cursed the drinker of intoxicants. So the Muslim should repent to Allah the Exalted from drinking it and ask Allah for safety from it.
As for the woman's question, which is that her husband divorced her while he was intoxicated, the scholars have scholarly disagreement on whether the divorce takes effect in a state of intoxication or not. The well-known position in the Hanbali school of jurisprudence is that it takes effect as a punishment for his drinking. Since this drinker is disobedient to Allah Mighty and Majestic, it is not befitting that his disobedience be met with leniency and the non-effectiveness of his divorce. Some scholars said: Rather, the divorce of the intoxicated person does not take effect. This is the report from the Commander of the Faithful, 'Uthman ibn 'Affan (may Allah be pleased with him), and it is more reasonable, because the intoxicated person does not know what he is saying and does not know what he is saying. So how can we bind him to something he does not know? And Allah the Exalted said: This indicates that the intoxicated person does not know what he is saying, so how can we bind him to something he does not know? As for their saying that it is a punishment, the punishment for the drinker of intoxicants is upon himself, and he is punished with the beating for which the Sunnah has come. And if we punish him by effecting the divorce, then in reality this punishment extends to his wife, resulting in separation. And perhaps she has children, so the family is scattered and harm occurs to others. So the correct view is that the divorce of the intoxicated person does not take effect and his words are not considered. However, it should be referred to the Shari'ah court so that we do not rule on the wife remaining with him or his separation from her except by a Shari'ah ruling that resolves the disagreement. And success is from Allah.

The questioner : May Allah bless you. This is a message from the questioner Abdullah Imam Amin, an Ethiopian resident in al-Madinah al-Munawwarah.