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Talaq while asleep

Answered as per Hanafi Fiqh by Askimam.org

Please excuse me for the length of question and please ask for forgiveness from Allah for me if I am not able to present the exact situation.

Couple of days back I had headache and was not able to sleep as my nerves became tight. For utilizing the time I was browsing through lot of islamic sites on my Ipad and in the meantime I got relieved and fall asleep. But suddenly at the middle of night I woked up and found myself uttering the word ” Ta + La” in a soft voice and suddenly I brought the courage to stop myself but I don’t know whether I uttered the word “Q” completely or not and after that I slept. While starting the prouncing of the word I was fast asleep and when I was listening I was in a semi concicous state as I won’t do those foolish things in concious state either in jest or in anger or for any other purpose. and Alhadmulilah their is no reason for divorce as Allah SWT blessed me with a wife who wakes up in night and offer prayers and insist me to do so and Alhamdulilah we are blessed with a noble careers me being CEO of a company and my wife a doctor.

I know the basic rules of Talaq but in my case I am unable to understand so I decided to ask you. I am unable to recall whether I was fighting in sleep (or dream) or just uttering the word without any significance.

Regarding my mental state I was diagnoized with seizures problem and bi polar condition long back and am currently undergoing treatment for the same from one of the leading neuro physicians of my country. He prescribed me drugs after seeing my CT Scan and EEG and the drug main duty is to calm my body and mind from shaking.

I want to know whether that divorce happened or not and if so than how should I prepare myself to stop doing so in future as during unconcious state I don’t have any control over mind and everybody in my family even my wife knows I repeat things or instances occoured in morning during sleep.

I love my wife and I can’t even imagine living without her. Please help me.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In the inquired case, the divorce is invalid and the marriage is intact. You are not responsible for utterances during an unconscious state or whilst asleep.[1]

Recite Āyatul Kursi (Al Baqarah: verse 255), Surah Al Falaq, and Surah Al Nās (Suras 113 and 114) before retiring to bed. It may be advisable to see a doctor also.

And Allah Ta’āla Knows Best

Hisham Dawood

Student Darul Iftaa
Chicago, USA 

Checked and Approved by,
Mufti Ebrahim Desai.


[1]

 ولا يقع طلاق المولى على امرأة عبده…والمغمى عليه هو لغة المغشي والمدهوش فتح…والنائم (الدر المختار، كتاب الطلاق)

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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