The Talaq of a Mentally Disordered Person, and a Written Talaq That Did Not Reach the Wife

Question

(1) Zayd’s nikah took place twelve years ago for one thousand rupees. (2) A mutual dispute arose between Zayd’s wife and her parents on the one hand and Zayd and Zayd’s parents on the other, the result of which was that Zayd’s wife often had to live, besides with her husband Zayd, at her parents’ as well. (3) Six years after the nikah Zayd fell into a severe illness of the heart, mind and stomach. (4)

Answer

If, because of the heart and mind ailment, he had lost his senses and was in a stupor (madhush) and was not aware of his words and deeds, or words and deeds issued from him involuntarily and were mostly disordered, and in such a state he wrote the talaq, and when he gave the verbal talaq there was likewise such a state, then no talaq at all has taken effect.

Source: Fatawa Mahmudiyya

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