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1659318/06/2011

Ruling on a man who divorced his wife three times when he was under the influence of witchcraft

Question: 163052

What is the ruling on a man who divorced his wife three times
when he was under the influence of witchcraft, and now he does
not remember how he divorced her and does not know what
happened?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

For a divorce to count as such, it is
stipulated that the husband should be of sound mind and do it
voluntarily. If he is not of sound mind or he is forced to do
it, then his divorce does not count as such. 

Ar-Ruhaybaani (may Allah have mercy on him)
said: The Muslims are unanimously agreed that if a person
loses his mind and that is not the result of consuming an
intoxicant that is haraam, such as in the case of sleep, loss
of consciousness, insanity, taking medicine that makes one
lose one’s reasons, or sickness, then his divorce does not
count as such.

End quote from Mataalib Ooli’n-Nuha,
5/322. 

It was narrated from ‘Aa’ishah (may Allah be
pleased with her) that the Messenger of Allah (blessings and
peace of Allah be upon him) said: “There is no divorce in the
event of coercion.”

Narrated by Ahmad, 25156; Ibn Maajah, 2036.
classed as hasan by Shaykh al-Albaani (may Allah have mercy
on him) in Saheeh Ibn Maajah, 1/348. 

Ibn al-Qayyim (may Allah have mercy on him)
said: Our shaykh, Ibn Taymiyah, said: Coercion means losing
one’s reasoning and understanding.  That includes
divorce (talaaq) issued by one who is mentally challenged,
insane, intoxicated, forced or in such a state of anger that
he does not know what he is saying, because in all of these
cases he has lost his reasoning and understanding. Divorce
only counts as such when it is issued by one who intends it
as such and is aware of it.

End quote from Haashiyat as-Sunan,
6/187 

Based on that, if this bewitched husband was
in a state where the spell or witchcraft had affected his
reasoning in such a way that he became like one who was
insane, then his divorce does not count as such. This same
applies even if the spell did not reach this extent, but it
affected his decisions and choices. In that case his divorce
does not count as such because it is like the divorce of one
who was compelled. 

But if the spell did not affect his reasoning
or his decisions and choices, then his divorce does count as
such. 

Shaykh Ibn Jibreen (may Allah have mercy on
him) was asked: 

Does the divorce of one who is under the
influence of witchcraft count as such or not? 

He replied: 

If the spell has overwhelmed his reasoning and
made him like those who are insane, then his divorce does not
count as such, because in order for a divorce to be valid, it
is stipulated that he should have formed the resolve to do
that, because Allah, may He be exalted, says (interpretation
of the meaning): “And if they decide upon divorce…”
[al-Baqarah 2:227]. The one who has lost his mind cannot
decide or intend to do anything. 

But if the divorce was issued with
understanding and awareness of the concequences of divorce
and what it could lead to of separation, then it counts as
such. 

But if the spell was done to separate him from
his wife and create hatred between them, and he could not
find relief except in divorce, according to what Allah says
(interpretation of the meaning): “…And from these (angels)
people learn that by which they cause separation between man
and his wife …” [al-Baqarah 2:102], then it seems that it
does not count as such, because he was compelled to do it.
And Allah knows best. End quote. 

And Allah knows best.

Source

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