The wife of an insane man

Question

Question: A man has been insane (majnun) for about six years; he was given some minor treatment, but there was no benefit. His father-in-law, since the treatment was not working, wanted to settle his daughter elsewhere, but the people of his village stood in the way and forcibly sent the insane man’s wife to the house of the insane man’s father. The insane man lives with his father but remains lost in his mumbling. It has now been about six years since his wife came there.

Answer

If he gives talaq in a state of insanity, the talaq will not take effect; if he gives it in a state of lucidity (ifaqa), it will take effect: [ar]وَلَا يَقَعُ طَلَاقُ الصَّبِيِّ وَإِنْ كَانَ يَعْقِلُ، وَالْمَجْنُونِ. اهـ[/ar] “The talaq of a boy does not take effect, even if he has understanding, nor that of an insane person” (“Hindiyya”, vol. 2, p. 383).

Source: Fatawa Mahmudiyya

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