Question Summary:
Is Talaq in the state of being medically intoxicated? Question Detail:
I have been married for around 10 years now. After about one and a half year of my marriage my mother-in-law took my wife to her home and made some unreasonable demands and refused to send her daughter back until I fulfill the demands. I asked my wife to come back but she refused saying that she cant disobey her mother, and she wont come back unless her mother tells her so. In such a situation I sent her two divorce notices with a gap of one month. My wife returned to me after two months we had riju and kept on leading a married life. We had two daughters out of this wedlock.
After about 7 years of my marriage my wife disobeyed me (after my brother-in-laws wedding I asked her to come back with me but she refused and intended to stay at her mothers for some more days) and including some other situations I got so angry that I lost control on my self, went into extreme anger, in such anger I broke almost all my bedroom, I wanted to sleep but could not so I took some sleeping pills to do so. I was not familiar with dosage requirements of such medicine and being in extreme anger I kept on taking pills after pauses of minutes. I almost took 25 to 30 pills of Valium and Lexotanil, no one at my home knew about it. My intention was not to commit a suicide I just took then to sleep in foolishness and anger. After that I almost slept for more than two days. People at my home did’nt come to my room for me being in such angry state. On third day my brother and a friend wakened me some how, I got up had a blackish vomit and again went to sleep. Mean while my father summoned for me to his room. I was taken to my fathers room, I was still in anger and cant remember most of that times incidents. As I was sitting in my fathers room my wife came to that room who had returned from her mother’s a day ago as I was told. Seeing her anger grew so much again and I pronounced a divorce upon her and went to my room and slept again for almost a day as I was still under intoxication effects. After I woke up I was told about the situation what I have done. Now I too had a slight memory of
my being in my father’s room,
my wife coming to that room and
me using the word of talaq,
but I couldn’t remember the situation clearly, just remembered it in bits after being told about it by my wife as stated above. I really don’t have any idea and memory why and how I used the word talaq at that time as I had no intention doing such thing at any cost or under any circumstances. I was in extreme anger unable to control myself, think straight and was unable to remember the incidents happened that day unless I was reminded about it even though I remembered in a very cloudy way about above mentioned incidents about that day.
After getting aware of this situation I cared for looking about Islamic laws about tlaq if there was any possibility my marriage was valid or not.
Then I came across this knowledge that if one gives talaq in state of being intoxicated medically by mistake as in my case the talaq does not take place.
As I was surely intoxicated medically by mistake and due to it and other factors mentioned above was in extreme stage of anger where I was unable to think anything straight or remember it exactly.
Being satisfied of the Jawaaz I found I kept on being leading my married life for more 3 years, and had another child born after this incident.
Now since 7 months my wife has again been at her mother’s house for the same unreasonable demands my mother-in-law did at the first time I pronounced my wife talaq as mentioned above.
Now during this time period I am changed man now. I had religious views in past too but did not practice religion a lot. Now I say my prayers regularly and try to do every thing in light of Islam.
Being frightened of the punishments I am getting I am forced to think about if I was rightful to take my wife back after giving her talaq second time (as first time I gave her two written talaqs by lawyer) in state of intoxicated extremely by mistake as stated above and in state of extreme anger where I could not think straight or remember exactly what happened at that day (how and why I used the words of talaq as I had no intention to pronounce talaq at any cost or under any circumstances)
Kindly guide ne through all this situation thoroughly. I really need to know where am I standing?
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Brother in Islam,
Talaq issued in the state of being intoxicated by a permissible substance (e.g. medicine) does not take place.1,2
The state of being intoxicated means that the person loses his awareness and judgment, and his senses and speaking becomes incoherent.3,4
If you were intoxicated to that level when you issued the Talaq, then the Talaq would not have taken place. However, on the contrary if you had consciousness and was aware of what was taking place, then the Talaq would be valid and the Nikah will be broken.
After contemplating your question, it appears that even though your mind may have been somewhat blurred, you recognised your wife and even got angry upon seeing her. This clearly indicates that you were alert.
Fear Allah Ta’ala and decide for yourself whether your wife is halal for you or haram.
Be conscious of standing in the court of Allah and answering before Allah.
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.
http://www.daruliftaa.net/
قوله ( أو بمباح ) كما إذا سكر من ورق الرمان فإنه لا يقع طلاقه ولا عتاقه 1
ونقل الإجماع على ذلك صاحب التهذيب كذا في الهندية ط
قلت وكذا لو سكر ببنج أو أفيون تناوله لا على وجه المعصية بل للتداوي حاشية ابن عابدين(3/240 )
2ولو شرب من الأشربة التي تتخذ من الحبوب أو من العسل أو من الشهد وسكر وطلق امرأته لا يقع طلاقه عند أبي حنيفة وأبي يوسف رحمهما الله خلافاً لمحمد رحمه الله.(المحيط البرهاني 4/392)
3( وسكران ) أي ولو كان الزوج سكران لأن الشارع لما خاطبه في حال سكره بالأمر والنهي بحكم فرعي عرفنا أنه اعتبره كقائم العقل تشديدا عليه في الأحكام الفرعية وقد فسروه هنا بمذهب أبي حنيفة وهو من لا يعرف الرجل من المرأة ولا السماء من الأرض فإن كان معه من العقل ما يقوم به التكليف فهو كالصاحي
والحاصل أن المعتمد في المذهب أن السكران الذي تصح منه التصرفات من لا عقل له يميز به الرجل من المرأة إلى آخره
وبه يبطل قول من ادعى أن الخلاف فيه إنما هو فيه بمعنى عكس الاستحسان والاستقباح مع تمييزه الرجل من المرأة (البحر الراءق 3/247)
قوله ( أو سكران ) السكر سرور يزيل العقل فلا يعرف به السماء من الأرض 4
ورجحوا قولهما في الطهارة والأيمان والحدود وقالا بل يغلب على العقل فيهدي في كلامه
وفي شرح بكر السكر الذي تصح به التصرفات أن يصير بحال يستحسن ما يستقبحه الناس وبالعكس لكنه يعرف الرجل من المرأة قال في البحر والمعتمد في المذهب الأول حاشية ابن عابدين(3/239 )
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