The ruling on the wife of an insane man

Question

Question: [ar]بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ[/ar] A woman’s husband lost his mind three months after the wedding, and he completely ceased to be aware of anything in the world and what is in it. He was duly placed in a lunatic asylum and treated, but it was of no benefit. The government also dismissed him from service and granted him a pension of five rupees, which his brothers collect and spend on him.

Answer

Neither his brothers nor anyone else can give talaq on his behalf. If he gave talaq while in a sound state of mind and awareness, it has taken effect in the Shari‘a; if he gave talaq in a state of insanity (junun), it will not take effect in the Shari‘a; this can be judged from the other circumstances and conditions at the time of the talaq.

Source: Fatawa Mahmudiyya

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