Talaq while high on drugs

15 Aug 2018 Ref-No#: 895

Assalaamualaikum
I read in one of your QandA about talaq in anger and if you are not in your senses it’s not effective.

My husband was extremely high on drugs and gave me 3 talaqs. After sending him to rehab,When he sobered up he called because he couldn’t remember giving me talaqs and couldn’t believe our marriage was over. I was told it is so I commenced iddaat but is it? if it isn’t please advise.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

The divorces uttered whilst a person is intoxicated are valid. Therefore the three talaqs issued by your husband will take place and constitute   Talaq-e-Mughallazah (a permanently irrevocable divorce). Your Iddah has commenced from the time he uttered the words of divorce.

The reason why his divorces are valid in this case is because he lost his mind due to indulging in something which is impermissible.

References

طلاق السكران واقع اذا سكر من الخمر أو النبيذ وهو مذهب أصحابنا(الهندية – 1/353)

فيقع طلاق العبد والسكران بسبب محظور والكافر والمريض والمكره والهازل والمخطئ  (رد المحتار – 3/ 230)