The Ruling on Conditional Divorce, and the Ruling on the Divorce of a Drunk Person
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Question: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother, the esteemed President of the Courts of the Eastern Region, may Allah grant him success in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: I have reviewed your explanation dated 27/5/1388 AH, which is attached to our letter No. 46, dated 6/1/1388 AH, regarding the divorce of the husband: F. M. Z. from his wife.
We inform you: that due to the aforementioned person's insistence on requesting a fatwa—as stated in his attached letter dated 9/9/1388 AH—and based on what Your Excellency recorded in your attached letter No. 1, dated 4/1/1388 AH, regarding the nature of the divorce that occurred from the aforementioned person: namely, that he divorced his aforementioned wife, then took her back, then divorced her, then took her back, then divorced her with ten pronouncements using a single phrase, and your detailing of this based on the aforementioned person's admission to you, I am informed that the first divorce occurred while he was intoxicated and did not know what he was saying; rather, his mother and wife alerted him in the morning, so he took her back. And the second divorce was conditional, in that a dispute arose between him and his wife over his father's wife, so he said to his wife: "If your brother goes and quarrels with my father's wife, you are divorced." Her brother was not aware of this, but he was aware of the misunderstanding that had occurred. The aforementioned person went to the husband's father's wife and spoke to her calmly, asking her to turn away from his sister's husband, and he did not quarrel with her. And the third divorce—the last one—was ten pronouncements using a single phrase.
And that this is the detail of his statements regarding all the divorces that occurred from him, and his ex-wife and her guardian—his full brother—agree with him in this, and she does not object to returning to him after a fatwa is issued, and likewise his brother does not object to this.
Answer: Based on this, I issued a fatwa to the aforementioned husband: that one divorce has occurred with his last divorce upon his aforementioned wife, and he may return to her with a new marriage contract, with its conditions considered valid by the Shari'ah; because she has exited the waiting period.
As for the first divorce, it did not occur; because it happened while the aforementioned person's mind was absent. Likewise, the second divorce did not occur; because it was conditional upon a condition that did not occur. So I hope Your Excellency will inform everyone of this. As for what concerns his admission to consuming what intoxicated him, the ruling on that is left to Your Excellency—May Allah guide your steps, and grant us and you success in hitting the truth, and rectify the conditions of all Muslims; He is the Generous, the Bountiful.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: I have reviewed your explanation dated 27/5/1388 AH, which is attached to our letter No. 46, dated 6/1/1388 AH, regarding the divorce of the husband: F. M. Z. from his wife.
We inform you: that due to the aforementioned person's insistence on requesting a fatwa—as stated in his attached letter dated 9/9/1388 AH—and based on what Your Excellency recorded in your attached letter No. 1, dated 4/1/1388 AH, regarding the nature of the divorce that occurred from the aforementioned person: namely, that he divorced his aforementioned wife, then took her back, then divorced her, then took her back, then divorced her with ten pronouncements using a single phrase, and your detailing of this based on the aforementioned person's admission to you, I am informed that the first divorce occurred while he was intoxicated and did not know what he was saying; rather, his mother and wife alerted him in the morning, so he took her back. And the second divorce was conditional, in that a dispute arose between him and his wife over his father's wife, so he said to his wife: "If your brother goes and quarrels with my father's wife, you are divorced." Her brother was not aware of this, but he was aware of the misunderstanding that had occurred. The aforementioned person went to the husband's father's wife and spoke to her calmly, asking her to turn away from his sister's husband, and he did not quarrel with her. And the third divorce—the last one—was ten pronouncements using a single phrase.
And that this is the detail of his statements regarding all the divorces that occurred from him, and his ex-wife and her guardian—his full brother—agree with him in this, and she does not object to returning to him after a fatwa is issued, and likewise his brother does not object to this.
Answer: Based on this, I issued a fatwa to the aforementioned husband: that one divorce has occurred with his last divorce upon his aforementioned wife, and he may return to her with a new marriage contract, with its conditions considered valid by the Shari'ah; because she has exited the waiting period.
As for the first divorce, it did not occur; because it happened while the aforementioned person's mind was absent. Likewise, the second divorce did not occur; because it was conditional upon a condition that did not occur. So I hope Your Excellency will inform everyone of this. As for what concerns his admission to consuming what intoxicated him, the ruling on that is left to Your Excellency—May Allah guide your steps, and grant us and you success in hitting the truth, and rectify the conditions of all Muslims; He is the Generous, the Bountiful.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.