Select a passage to highlight it. Click or tap a highlight to remove it.
Text and translation
English translation
1191. Abū Hurairah narrated that the Messenger of Allāh ﷺ said: "Every divorce is valid except the divorce of the Ma'tūh person whose reason is overcome." (Ḍa'if Jiddan)
(Abū 'Eisā said:) We do not know of this Hadīth to be Marfū' except through the narration of 'Aṭā' bin 'Ajlān, and 'Aṭā' bin 'Ajlān is weak and his narrations are not preserved.
This is acted upon according to the people of knowledge among the Companions of the Prophet ﷺ and others: The divorce of the Ma'tūh whose reason is overcome is not valid, unless his state of Ma'tūh is sometimes lifted and he said the divorce when it was lifted.
Your commentary saves automatically in this browser, separate from the published commentary. It stays private unless you include it in a shared study file.
Commentary
A divorce is effective when a woman is divorced consciously and deliberately by understanding the consequences of the words pronounced. As for a man who is insane or not in his senses and totally unaware of his actions, the pronouncement of divorce from him will not be implemented. Similarly the divorce given by a drunkard or intoxicated person is in effective.
