Fatwa ID: 05580

Answered by: Maulana Tammim Mohamadou

Question:

Recently I have been suffering from mental health issues and have had suicidal thoughts. I also was taking sleeping tablets due to sleeping badly. One night I took two sleeping tablets and the next morning I was losing my senses and getting angry to the point where I do not know what I was saying. This time, though I did not know at the time I picked up a hammer and threatened to hurt myself. I then drove off and came back home where again I had no idea what I was saying or doing. My wife says I said talaq more than 3 times in that time. Yet I had no recollection of saying it but only hearing back my voice on a recording my wife made I heard it later. I denied knowing I said it and have never had any intention to divorce my wife. I have been diagnosed with a mental illness due to my behaviour over the last few weeks and months. According to Hanafi thought does this count as a divorce? As I had lost my senses due to medication intoxication, extreme anger, and months of mental health issues.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

It was narrated from ‘Aishah (رضي الله عنها) that the Prophet ﷺsaid: “The pen has been lifted from three: From the sleeper, until he wakes up, from the minor until he grows up, and from the insane until he comes back to his senses or recovers.” (Sunan Abu Dawud, 4398; Sunan Ibn Majah, 2041; Sunan an-Nasa’I, 3432)

Therefore, the Talaq will not occur in your case, in shā Allah.[1]

Only Allah (ﷻ) knows best.

Written by Maulana Tammim Mohamadou

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham