Talaq in extreme insanity

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Asalamualaikum.
I write this to you in a time of difficulty and confusion for which I make dua that Allah swt gives me strength to continue through.

In Feb/March 2010 my husband in a fit of mad rage and anger(broke chairs and tried to break a table across my head, shouting, screaming, hitting his head with a leg of a able continuously) he touched the Quran and gave me talaq twice.  in this same night he started singing in his sleep. he woke me up to tell me that he had urinated in the hallway of an islamic exhibition hall that he was rewiring and ever since then something wasnt right. he has never sang, let alone sing in his sleep, he was very scary and i was frightened from him talking strange things about this incident in the exhibition hall.
After speaking to his mom that same night, she said she will take him to a Mullah for him to see my husband. that weekend after my husband came back from the Mullah, he was given water to drink and a Quran to read, which he started to read, and Alhamdulilah my husbands health restored itself.
Since then, on Monday 18th July 2011, my husband has again out of anger said to me “you are divorced”. this time he was angry but not in a state of insanity, he was aware of his actions, as soon as he said it he left the house after swearing at me.
I am very scared and making dua as i am not clear whether my husband is still my husband or has the divorce already happened? Please can you advise me on this, and make dua for me and the ummah.

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The jurists have categorised anger into three stages:

1. The initial stage of anger where ones mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v. 4)
Normally it can be said that the anger does not reach the level of insanity as mentioned above therefore divorce is valid and will take place.

However in circumstances where it is claimed that the anger was such that a person lost his sanity, then in those occasion it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor (or in your case by an Aamil who deals with curing people from black magic)  of being of unstable mind, or has two male witness or one male and two female witnesses testifying that in fact on that occasion the person had in deed lost his sanity, then the divorce will not take effect. (Ibid)

If one of the aforementioned requirements is found the two talaqs your husband gave you will not be effected. However, the talaq your husband gave on Monday 18th July will occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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