The Talaq of a Majdhub (One in a State of Frenzy)

Question

Zayd married Hinda. After some time had passed, Zayd fell into the state of a majdhub (one seized by frenzy and bereft of reason), and despite treatment he did not recover. Seeing his majdhub state, Hinda’s parents obtained a talaq from Zayd. At the time of giving the talaq only Zayd’s lips moved, but no sound came out, and it is not known what he said. After the ‘idda period had passed, Hinda’s parents married her elsewhere. Now Zayd has recovered and says: “I did not give any talaq.

Answer

If Zayd was not in his right mind and in that state he was told to give talaq, and in response his lips moved, and no one heard the word “talaq” from him, and he says that he did not give talaq, then according to the Shari‘a talaq has not taken effect, and the marriage contract elsewhere is not valid. The second husband should be made to effect separation (mutaraka)

Source: Fatawa Mahmudiyya

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