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Giving talaq while being drunk

Answered as per Hanafi Fiqh by Askimam.org

I need help as there’s so much confusion for a queston where ever I ask it in
Pakistan. 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. Talaaq
will occur or not? some say because it was 3 times Talaaq said in same time
so Talaaq doesn’t apply as it’s considered one time and also he was drunk
some say a person can say 2 times Talaaq at a single time if he says 3 times
then 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 occasions
before 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

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

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