Written Talaq in a State of Sorcery or Insanity

Question

Question: A man living abroad wrote several letters to his wife, most of whose content consists of obscene abuse; along with that he also wrote the words “talaq, talaq, talaq” (طلاق طلاق طلاق), and he also wrote: “There is no connection between me and you; I have left you” (میرا تیرا کوئی تعلق نہیں، میں نے تجھے چھوڑ دیا). When the village committee summoned the divorcer and inquired, he admitted: “I wrote it, but my senses and faculties were not intact.” Some members of the committee said that sorcery (sihr)

Answer

If, because of insanity, sorcery or the like, the senses and faculties are not intact, and he does not know what words he is saying with his tongue and what their consequence will be, then talaq does not take effect in such a state. If that is not the case, but he understands the meaning of the words, then if he speaks thus, talaq takes effect.

Source: Fatawa Mahmudiyya

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