The ruling on the divorce of an intoxicated person and his other actions
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The first letter in this episode came from the questioner (A. S.) from Riyadh. In his letter, in his first question, he says: Does the divorce of an intoxicated person take effect? If it does take effect, is he held accountable for his other transgressions, such as unlawful sexual intercourse, killing, and theft? If so, what is the difference between the two cases? Please inform us; may Allah reward you.
Answer: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
To proceed: The scholars have differed regarding the divorce of an intoxicated person: does it take effect or not? The majority held that his divorce takes effect, just as he is held accountable for his actions, and his sin is not an excuse for him to have the divorce annulled, nor is it an excuse for him to be held accountable for his actions, whether killing, theft, unlawful sexual intercourse, or otherwise. Some scholars held that the divorce of an intoxicated person does not take effect, and this is the preserved view of 'Uthman (may Allah be pleased with him), the Rightly Guided Caliph; because he has no intellect, he is not held to his words that harm others, and divorce harms him and others, so he is not held to the divorce; because the punishment for an intoxicated person is flogging, and it is not part of his punishment to effect his divorce. Likewise, his freeing of slaves and his other actions, such as selling, buying, giving gifts, and the like, are all invalid. As for his deeds and actions, he is held accountable for them, and his intoxication is not an excuse for him, neither in unlawful sexual intercourse, nor in theft, nor in killing, nor in anything else; because a person is held accountable for his actions whether he is of sound mind or not, and because intoxication may be used as a means to what Allah has forbidden of reprehensible actions, and one may claim it as an excuse, causing the rulings of these sins to be lost. For this reason, the scholars agreed on holding him accountable for his actions.
As for the words: The correct view is that he is not held to them. If it is known that he divorced while intoxicated when his intellect was gone, then the divorce does not take effect. Likewise, if he freed his slaves while intoxicated, or gave away his wealth in charity while intoxicated, he is not held to that. Or if he sold his wealth or bought, all actions that pertain to intellect do not take effect and are not established from his verbal actions, as we have explained. This is the relied-upon position, and it is what we issue rulings on: that his divorce does not take effect, provided it is established that he was intoxicated at the time of the divorce and that he had no intellect. However, if he is not sinful, because he was given a drink without knowing it was intoxicating, or he was forced and given the drink intentionally through coercion, then he is not sinful, and his divorce does not take effect in this case; because his intoxication was not intentional, so he is not held to it. Rather, he is wronged or deceived, so his divorce does not take effect according to all scholars. Yes.
The presenter: May Allah bless you and reward you with good.
Answer: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
To proceed: The scholars have differed regarding the divorce of an intoxicated person: does it take effect or not? The majority held that his divorce takes effect, just as he is held accountable for his actions, and his sin is not an excuse for him to have the divorce annulled, nor is it an excuse for him to be held accountable for his actions, whether killing, theft, unlawful sexual intercourse, or otherwise. Some scholars held that the divorce of an intoxicated person does not take effect, and this is the preserved view of 'Uthman (may Allah be pleased with him), the Rightly Guided Caliph; because he has no intellect, he is not held to his words that harm others, and divorce harms him and others, so he is not held to the divorce; because the punishment for an intoxicated person is flogging, and it is not part of his punishment to effect his divorce. Likewise, his freeing of slaves and his other actions, such as selling, buying, giving gifts, and the like, are all invalid. As for his deeds and actions, he is held accountable for them, and his intoxication is not an excuse for him, neither in unlawful sexual intercourse, nor in theft, nor in killing, nor in anything else; because a person is held accountable for his actions whether he is of sound mind or not, and because intoxication may be used as a means to what Allah has forbidden of reprehensible actions, and one may claim it as an excuse, causing the rulings of these sins to be lost. For this reason, the scholars agreed on holding him accountable for his actions.
As for the words: The correct view is that he is not held to them. If it is known that he divorced while intoxicated when his intellect was gone, then the divorce does not take effect. Likewise, if he freed his slaves while intoxicated, or gave away his wealth in charity while intoxicated, he is not held to that. Or if he sold his wealth or bought, all actions that pertain to intellect do not take effect and are not established from his verbal actions, as we have explained. This is the relied-upon position, and it is what we issue rulings on: that his divorce does not take effect, provided it is established that he was intoxicated at the time of the divorce and that he had no intellect. However, if he is not sinful, because he was given a drink without knowing it was intoxicating, or he was forced and given the drink intentionally through coercion, then he is not sinful, and his divorce does not take effect in this case; because his intoxication was not intentional, so he is not held to it. Rather, he is wronged or deceived, so his divorce does not take effect according to all scholars. Yes.
The presenter: May Allah bless you and reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
