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Uttering the word talaaq while sleeping

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. If one is in half asleep and somehow realizes what he is doing but can not really think straight because he is half asleep and utters “talaaq” while the wife is somehow in the mind, does this count? The person could not really think about what he is doing or saying.

2. If someone mistakenly utters this word while just doing something and somehow thinking about the wife but there was no intention, but like a slip of the tongue, does this count?

Bismillaah

A:

1. If he is asleep and he did not know exactly what he is doing and saying then the talaaq is not valid.

2. If he did not have any intention the talaaq is not valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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