Is Talaaq given in passive sleeping valid

CategoriesDivorce [528]

Fatwa ID: 02005

Answered by Mufti Mohammed Tosir Miah

Question:

My question is that can Talaaq take place while deep asleep? Or whether Talaaq can take place in dream while asleep? 

As Mufti Sahib you know that during sleep man does not have any control on its senses. Actually I want to tell you that what happened in my dream or during deep asleep "as I felt that I took long and deep breaths thrice during sleep or by gestures of mouth (during deep asleep) which somehow are effecting my nikah". Did this effect my nikah according to sunni (Hanafi)?

Answer:

Bismillah

Saaiduna Ali raḍyAllāhu 'anhu (may Allāh be pleased with him) narrates that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “there are three (persons) whose actions are not recorded: a sleeper until they awaken, a boy until he reaches puberty and an insane until they recover their mind.” (Sunan Abu Dawuud)

The question you’re asking is referring to actions or utterings in the state of passing sleep and keeping the aforementioned hadith in mind, we can derive Talaq uttered in such a state would not affect the marriage.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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