The Ruling on Zihar by One Suffering from a Mental Illness
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Question:
A letter was received by the program from the Hashemite Kingdom of Jordan - Amman, and the sender of the letter is a listener from there who indicated his name by the letters (H. A. M). Our brother’s letter is long; its summary is that he was afflicted with a mental illness, and as a result of that illness he uttered words concerning his wife, such as saying: “You are to me as the back of my mother.” At that point, he realized that he had committed an error and began to ask now, after Allah has granted him healing. Direct him, O Shaykh! If you would be so kind.
Answer:
If his mind is with him and he understands what he says, this is called zihar, and it is obligatory for him to pay its expiation; because of the saying of Allah (Glorified and Exalted is He) : [Al-Mujadilah:3], the verses.
But if he does not understand, then his zihar is not valid, nor his divorce, nor anything else; because one whose mind has departed does not have valid authority over divorce or zihar. However, it should be done in such a case that he, the woman, and her guardian contact the court so that the court may state its opinion on the matter, and so that the court may inquire about him. That is to say: it is necessary that he contact the court or the mufti among you so that the situation is known and an investigation is made into your condition, and then they issue a ruling to you, or the court issues a ruling based on what becomes clear to them regarding your condition. Yes.
The presenter: May Allah reward you with good.
A letter was received by the program from the Hashemite Kingdom of Jordan - Amman, and the sender of the letter is a listener from there who indicated his name by the letters (H. A. M). Our brother’s letter is long; its summary is that he was afflicted with a mental illness, and as a result of that illness he uttered words concerning his wife, such as saying: “You are to me as the back of my mother.” At that point, he realized that he had committed an error and began to ask now, after Allah has granted him healing. Direct him, O Shaykh! If you would be so kind.
Answer:
If his mind is with him and he understands what he says, this is called zihar, and it is obligatory for him to pay its expiation; because of the saying of Allah (Glorified and Exalted is He) :
And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do.
وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِنْ قَبْلِ أَنْ يَتَمَاسَّا ذَلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌBut if he does not understand, then his zihar is not valid, nor his divorce, nor anything else; because one whose mind has departed does not have valid authority over divorce or zihar. However, it should be done in such a case that he, the woman, and her guardian contact the court so that the court may state its opinion on the matter, and so that the court may inquire about him. That is to say: it is necessary that he contact the court or the mufti among you so that the situation is known and an investigation is made into your condition, and then they issue a ruling to you, or the court issues a ruling based on what becomes clear to them regarding your condition. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.