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He does not remember divorcing his wife when he was drunk

Question

My wife and I recently had an heated discussion in which I ws intoxicated and angry, she claims I divorced her but I have no reconlation of say it nor was there any witness to her claim. With that being said is her divorce claim valid.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, you are obligated to repent to Allaah from consuming alcohol which is the mother of all evils. For more benefit on the evidence about its prohibition, please refer to Fatwa 81900.

According to the preponderant view of the jurists, the divorce of an intoxicated person who is not conscious of what he says does not take place as clarified in Fataawa 84992 and 87585.

Therefore, if the case is as you mentioned that you do not remember that you uttered the word of divorce, then divorce did not take place. In case the wife claims to be divorced by her husband while the latter denies it, then it is the statement of the husband that is taken into account. For more benefit, please refer to Fatwa 92685.

Allaah Knows best.

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