Ruling for someone who is 50% mentally disabled and gives Talaq 3 times to his wife

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Shaykh Umer Khan​


Question:


Assalamu Alaikum Wa Rahmatullah


Someone who is 50% mentally disabled gave Talaq 3 times to his wife. He knows and understands what Talaq is, but was not aware of the consequences. what is the ruling?


 


Answer:


بسم الله الرحمن الرحيم


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


For divorce/ṭalaq to take place, one of the conditions is that the person issuing the ṭalaq must be sane.


Imām al-Kāsānī raḍīAllāhu ʻanhu said “And amongst the conditions of ṭalaq is that he be sane, literally and figuratively. The ṭalaq of an insane person is not affected, nor that of an immature boy, who is not of an understanding age.” (Badā’iʻu al-Ṣanā’iʻ, 4/213).


ʻAlī radịAllāhu ʻanhu said:


“Every divorce is effected except the divorce of the one who has lost his senses.” (Saḥīḥ al-Bukhārī, right before ḥadīth 5269).


Regarding your question, it would be best to consult a medical practitioner to determine the level of mental disability of this person (al-Fatāwā al-Hindiyyah, 1/526). If a medical practitioner is able to certify that the person does not understand talaq and its consequences, then the divorce will not have taken place. If, however, they are not able to certify this, then the divorce will have taken effect.


Only Allah knows best


Written by Shaykh Umer Khan


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


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