The Talaq of an Intoxicated Person Takes Effect

Question

A man is in the habit of drinking wine heavily; in this state he says to his wife: “تجھ پر طلاق” (“Talaq upon you”). This did not happen once only: he repeatedly gives talaq in a state of intoxication (sukr), and once it even happened that he had a divorce deed written. People came to know of this incident well — that he had already given talaq verbally and that a divorce deed had also been written.

Answer

If a person gives talaq in a state of intoxication from wine, it takes effect. Therefore, if such a thing has occurred three times within the ‘idda, then the major (mughallaza) talaq has taken effect: [ar]طلاق السكران واقع إذا سكر من الخمر أو النبيذ، وهو مذهب أصحابنا.

Source: Fatawa Mahmudiyya

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