What is the evidence that the divorce of an intoxicated man is valid?
Machine translationRead the Arabic original
The questioner : You said that the divorce of an intoxicated man takes effect, meaning as a punishment for him.
The Shaykh: Yes.
The questioner : What is the evidence for this, O Shaykh? Because the Shari'ah did not make the punishment for an intoxicated man the divorce of his wife, meaning.
The Shaykh : How did it not make it so? I mean, if it made the divorce of a joking man take effect, is drinking alcohol not more severe and heavier in sin than joking?
The student : No, but his mind is gone.
The Shaykh : Answer, answer, may Allah guide you. Answer the question so that you are consistent in your research and reach the result you want, whether negative or positive.
The student : If Allah wills.
The Shaykh : Is joking lighter or is drinking alcohol? It seems you are stubborn.
The student : Yes, O Shaykh, a little.
The Shaykh : Stubborn like this? Can you not answer?
The student : By Allah, I cannot, O Shaykh.
The Shaykh : You cannot say it?
The student : I cannot, by Allah.
The Shaykh : Listen, O Shaykh, may Allah guide you. Can you not say that drinking alcohol is a greater sin than joking?
The student : Yes, it is a greater sin.
The Shaykh : Yes, that is what I am asking you.
The student : May Allah reward you with good.
The Shaykh : So if our Lord established a ruling contrary to the intention of the joking man, because he is joking, what would be his ruling if he is drinking alcohol, and in that he is committing a greater sin? Is this not from the category of[Al-Isra 17:23]? And you are stubborn, do not take - also - from His - Exalted is He - saying: [Al-Isra 17:23] meaning: that it does not indicate that it is not permissible to strike your father with your hand. I do not think you have reached this point.
The student: No, no.
The Shaykh : Praise be to Allah.
The student : But, O Shaykh, it is only about the loss of mind here.
The Shaykh : Listen, O Shaykh, may Allah guide you.
The student: Yes, may Allah bless you.
The Shaykh : Are the loss of mind of two men equal, one whose mind was lost due to an unforeseen event for which he is not accountable, and the other who lost his mind by his own will? Are they equal, for example?
The student : They are not equal, but, O Shaykh.
The Shaykh : Listen, before you say "but," we need to build on the difference between this one whose mind was lost without his effort, and this one whose mind was lost by his effort. Since they are not equal, for example, why do you generalize and say "his mind was lost"?
The student : It does not concern us, O Shaykh, whether his mind was lost by himself or by someone else.
The Shaykh : How does it not concern you? The one who engages in the cause of falling into a violation of the Shari'ah, is he not responsible? How does it not concern you?
The student : But the Shari'ah punished him with flogging; that is his punishment.
The Shaykh : Who punished him?
The student : Allah - Glorified and Exalted is He - with the hadd for the drinker of alcohol. As for adding a punishment from ourselves, for example, saying that he divorced his wife as a punishment for him, meaning this is as if we added to it.
The Shaykh : There is no addition, may Allah bless you. Have you seen if a man kills someone while intoxicated, would he not be held accountable?
The student : I am of the opinion up to now that he is not held accountable, O Shaykh.
The Shaykh : Then think about what you are saying. That is it, the matter does not accept argument. It needs a lecture now. They are waiting for questions and answers. Up to here, think about what I said and what you said. By Allah, He is our accountant and your accountant.
The Shaykh: Yes.
The questioner : What is the evidence for this, O Shaykh? Because the Shari'ah did not make the punishment for an intoxicated man the divorce of his wife, meaning.
The Shaykh : How did it not make it so? I mean, if it made the divorce of a joking man take effect, is drinking alcohol not more severe and heavier in sin than joking?
The student : No, but his mind is gone.
The Shaykh : Answer, answer, may Allah guide you. Answer the question so that you are consistent in your research and reach the result you want, whether negative or positive.
The student : If Allah wills.
The Shaykh : Is joking lighter or is drinking alcohol? It seems you are stubborn.
The student : Yes, O Shaykh, a little.
The Shaykh : Stubborn like this? Can you not answer?
The student : By Allah, I cannot, O Shaykh.
The Shaykh : You cannot say it?
The student : I cannot, by Allah.
The Shaykh : Listen, O Shaykh, may Allah guide you. Can you not say that drinking alcohol is a greater sin than joking?
The student : Yes, it is a greater sin.
The Shaykh : Yes, that is what I am asking you.
The student : May Allah reward you with good.
The Shaykh : So if our Lord established a ruling contrary to the intention of the joking man, because he is joking, what would be his ruling if he is drinking alcohol, and in that he is committing a greater sin? Is this not from the category of
say not to them [so much as], "uff,"
فَلَا تَقُلْ لَهُمَا أُفٍّsay not to them [so much as], "uff,"
فَلَا تَقُلْ لَهُمَا أُفٍّThe student: No, no.
The Shaykh : Praise be to Allah.
The student : But, O Shaykh, it is only about the loss of mind here.
The Shaykh : Listen, O Shaykh, may Allah guide you.
The student: Yes, may Allah bless you.
The Shaykh : Are the loss of mind of two men equal, one whose mind was lost due to an unforeseen event for which he is not accountable, and the other who lost his mind by his own will? Are they equal, for example?
The student : They are not equal, but, O Shaykh.
The Shaykh : Listen, before you say "but," we need to build on the difference between this one whose mind was lost without his effort, and this one whose mind was lost by his effort. Since they are not equal, for example, why do you generalize and say "his mind was lost"?
The student : It does not concern us, O Shaykh, whether his mind was lost by himself or by someone else.
The Shaykh : How does it not concern you? The one who engages in the cause of falling into a violation of the Shari'ah, is he not responsible? How does it not concern you?
The student : But the Shari'ah punished him with flogging; that is his punishment.
The Shaykh : Who punished him?
The student : Allah - Glorified and Exalted is He - with the hadd for the drinker of alcohol. As for adding a punishment from ourselves, for example, saying that he divorced his wife as a punishment for him, meaning this is as if we added to it.
The Shaykh : There is no addition, may Allah bless you. Have you seen if a man kills someone while intoxicated, would he not be held accountable?
The student : I am of the opinion up to now that he is not held accountable, O Shaykh.
The Shaykh : Then think about what you are saying. That is it, the matter does not accept argument. It needs a lecture now. They are waiting for questions and answers. Up to here, think about what I said and what you said. By Allah, He is our accountant and your accountant.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.