Talaq in a State of Unconsciousness

Question

Zayd says that a fairy of the jinn comes to him and, having made him unconscious, says: “Give your wife talaq.” So, under her compulsion, one night I said to my wife: “ایک دو تین میں نے تم کو طلاق دیدیا، تم جاؤ اب میں تم کو نہیں رکھوں گا” (“One, two, three — I have given you talaq; go, now I will not keep you”). Now, after coming to, I deeply regret these words of mine and am extremely sorry for having done so; I have absolutely no wish for my wife to be separated from me.

Answer

These are two separate things: one is unconsciousness, the other is coercion (ikrah). A talaq pronounced in unconsciousness does not take effect; a talaq in a state of coercion does take effect. So if, while still conscious, he said to his wife under her compulsion: “ایک دو تین میں نے تم کو طلاق دیدیا، تم جاؤ اب میں تم کو نہیں رکھوں گا”, then one talaq has taken effect on his…

Source: Fatawa Mahmudiyya

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