Talaaq Issued When Affected By Sihr

Question

My wife and I were severely affected with Sihr/Jaadu. We were subsequently treated by a very reliable, reputable and  expert Aamil. During that time, under heavy influence of Sihr, I had issued three  divorces to my wife. Are the divorces valid or not?

Answer

The Fuqaha have written that if Talaaq is issued by a person that has totally lost his senses and sanity and is therefore unaware of his utterances and actions, then Talaaq will not be effective. If the Sihr resulted in you losing your sanity to the extent that you were totally unaware of your utterances and actions as explained above, and in such a state the three divorces were issued, then the three Talaaqs will be considered invalid with your marriage remaining intact.

On the other hand, if your condition was somewhat different to the above explanation in the sense that you were conscious, aware and sane when issuing the divorces then the three Talaaqs will be effective and valid.

We have provided the ruling of the jurists above. It is now for you to honestly ascertain what your condition was at the time of issuing the divorce and implement the ruling that is applicable.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

لا يقع طلاق المولي علي امراة عبده والمجنون والمعتوه من العته وهو اختلال في العقل — وفى الشامي : الثاني ان يبلغ النهاية فلا يعلم ما يقول ولا يريده فهذا لا ريب انه لا ينفذ شيء من اقواله
(شامي ج 3  ص ٢٤٤/٢٤٢)
 

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