Talaq under the Effect of Kidney Pain and Other Distress: Is Such an Effect Insanity?

Question

Zayd is hot-tempered by nature and also suffers from kidney colic. For a year or two he has become destitute and poor. In household matters he often used to threaten his wife with talaq. Zayd’s wife, seeing her husband’s condition, said to their son: “You take over all the affairs of the house.” The son did so. Zayd flew into a rage and lost control of himself. In those days Zayd’s wife was at her son’s house.

Answer

The effect of poverty, pain or kidney colic on the mind is a natural and normal thing; the mind is also affected by the loss of one’s authority. But to call every such effect insanity (junun) and to declare a talaq given in such a state void is also wrong.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.