Q: Are the utterances of irtidad by an bipolar manic person considered? Will fasakh when in the state of mania take place of he’s nikah? What happens when the Mania is induced to not being diagnosed in time, and no utterence of talaaq was mentioned, and yet the wife was removed from the marital home without the husband’s permission, only for the husband to be told (not in writing) that his nikkah is over? Does the nikkah stand? What are the husband’s rights?
A: If he is genuinely not right mentally and he made these utterances when he was not right mentally it will not be considered.
If there was no talaaq mentioned then she is not divorced.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)