Is Talaaq Given in Passive Sleeping Valid

CategoriesDivorce [528]

Fatwa ID: 04915

 

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 a dream while asleep?

 

As Mufti Sahib you know that during sleep man does not have any control over his 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 sleep) which somehow are affecting my nikah”. Did this affect my nikah according to Sunni (Hanafi)?

 

 

 

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

 

Answer

 

Saaiduna Ali Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam 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 Dawud)

 

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

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

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