Question Summary: Giving talaq while being drunk Question Detail:
I need help as there's so much confusion for a queston where ever I ask it inPakistan. There are different answer from different Mufti's please guide.My father said the word Talaaq 3 times in front me while he was Drunk. Talaaqwill occur or not? some say because it was 3 times Talaaq said in same timeso Talaaq doesn't apply as it's considered one time and also he was drunksome say a person can say 2 times Talaaq at a single time if he says 3 timesthen Talaaq will apply and it is independent of wether he was drunk or not.And also my mother told me that father also said Talaaq at many occasionsbefore but only 1 time or two but last time he said 3 times. Please guide me!
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful. Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātu In principle, if a person pronounces talaq while he is drunk, the talaq is valid. Therefore the three talaqs issued by your father will take place and constitute Talaq-e-Mughallazah (a permanently irrevocable divorce). If your father pronounced three talaqs before whether in one sitting or different sittings, the nikah has irrevocably terminated from that point. [1] And Allāh Ta῾āla Knows Best Wassalāmu ῾alaykum Jibran Kadarkhan Student Dārul Iftā Mauritius Checked and Approved by: Mufti Ebrahim Desai [1] طلاق السكران واقع اذا سكر من الخمر أو النبيذ وهو مذهب أصحابنا(فتاوى عالمكيرية:1/353،رشيدية) وكذا فى الميحط البرهانى:3/348،كتاب الطلاق ،غفارية كوؤٹہ) مجمع الانهار :1/284،كتاب الطلاق،دار الاحياء التراب العربي بيروت محمود الفتاوى :12/286،فاروقى
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