Permission for Nikah Given by an Intoxicated Person

Question

Zayd was a drunkard and a reveller. At his house there was a function to feed some poor people, and there was a great bustle. During it Zayd’s brother ‘Umar, coaxing and cajoling Zayd, took him aside and gave him wine to drink. Then several companions of ‘Umar came to that place and brought with them an educated man. Zayd, having drunk, was intoxicated, and permission was asked from Zayd for the nikah of Zayd’s minor daughter Hinda with his son Bakr.

Answer

If permission was taken from the girl’s father in a state of intoxication from wine and the nikah was recited, then by the Shari‘a that nikah did not become binding (lazim). Rather, if the girl is an adult, this nikah is by the Shari‘a mawquf (suspended) on her permission; if on learning of it the girl rejected it, it ended then and there.

Source: Fatawa Mahmudiyya

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