Talaq in a State of Drunkenness and Headache

Question

Zayd had a slight headache, and in this state he drank palm wine or wine, because of which the headache reached the point that he became senseless, and in this state he gave his wife talaq. Will talaq take effect in such a case or not?

Answer

If he did not become senseless because of the wine, but gave talaq after becoming senseless because of the headache, then it has not taken effect: [ar]لو شرب فصدع وزال عقله بالصداع نقول: إنه لا يقع طلاقه[/ar] “If he drank and got a headache, and his reason departed because of the headache, we say that his talaq does not take effect” (al-Hidaya, vol. 1, p. 339).

Source: Fatawa Mahmudiyya

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