Fatwa ID: 03071
Answered by: Shaykh Umer Khan
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?
بسم الله الرحمن الرحيم
In the name of Allah, the Most Gracious, the Most Merciful.
Assalamualaikum Wa Rahmatullahi Wa Barakaatuh
For divorce/talaq to take place, one of the conditions is that the person issuing the talaq must be sane.
Imam Kasani Radiallahu Anhu said "And amongst the conditions of Talaq is that he be sane, literally and figuratively. The talaq of an insane person is not affected, nor that of an immature boy, who is not of an understanding age." (Badaial-Sanai, 4/213).
Ali Radiallahu Anhu said:
"Every divorce is effected except the divorce of the one who has lost his senses." (Sahih al-Bukhari, right before hadith 5269).
Regarding your question, it would be best to consult a medical practitioner to determine the level of mental disability of this person (Fatawa 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