Bukhari

And Allah the Exalted has said (in Surah Al-Ahzab) «يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدة تعتدونها فمتعوهن وسرحوهن سراحا جميلا‏»: "O you who believe! When you marry believing women and then divorce them before you have touched them, then there is no waiting period for you to count concerning them. So provide for them and release them in a gracious manner." And Ibn Abbas (may Allah be pleased with them both) said that Allah the Exalted has placed divorce after marriage. (This has been narrated by Ahmad, Al-Bayhaqi, and Ibn Khuzaymah.) And in this regard, similar narrations have come from Ali (may Allah be pleased with him), Sa'id ibn Al-Musayyib, 'Urwah ibn Az-Zubair, Abu Bakr ibn Abdur-Rahman, 'Ubaydullah ibn Abdullah ibn 'Utbah, Aban ibn 'Uthman, Ali ibn Husayn, Shurayh, Sa'id ibn Jubayr, Qasim, Salim, Tawus, Hasan, 'Ikrimah, 'Ata', 'Amir ibn Sa'd, Jabir ibn Zayd, Nafi' ibn Jubayr, Muhammad ibn Ka'b, Sulayman ibn Ka'b, Sulayman ibn Yasar, Mujahid, Qasim ibn Abdur-Rahman, 'Amr ibn Hazm, and Sha'bi (may Allah have mercy on them all). All of these elders have narrated similarly. All have said that divorce does not take effect.

The Prophet (ﷺ) said that Ibrahim (peace be upon him) said to his wife Sarah that "She is my sister" (meaning, my sister in faith for the sake of Allah).

Narrated Abu Huraira: The Prophet said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:

Likewise, the ruling for both intoxication and insanity is the same. Similarly, issuing divorce by mistake or forgetfulness, or mistakenly deriving a ruling of shirk (some have transmitted the word «واشك» here, which is more plausible), or performing an act of shirk by mistake, because the Prophet (peace be upon him) said that all actions are based on correct intention, and every person will get only what he intends. And ‘Amir Sha‘bi recited this verse «لا تؤاخذنا إن نسينا أو أخطأنا‏». And in this chapter, it is also mentioned that the confession of a person afflicted with obsessive thoughts or insanity is not valid, because the Prophet (peace be upon him) said to the person confessing to adultery, “Perhaps you are insane?” And ‘Ali (may Allah be pleased with him) said: The chief Hamzah ripped open the bellies of my she-camels (and made kebabs from their meat). The Prophet (peace be upon him) began to rebuke him, then saw that he was completely intoxicated, his eyes were red. He replied (in his drunken state), “Are you all not the slaves of my father?” The Prophet (peace be upon him) recognized that he was completely drunk, so he left, and we also left with him. And ‘Uthman (may Allah be pleased with him) said: The divorce of an insane or intoxicated person does not take effect (Ibn Abi Shaybah has connected this). And Ibn ‘Abbas (may Allah be pleased with them both) said: The divorce of an intoxicated or coerced person does not take effect (Sa‘id ibn Mansur and Ibn Abi Shaybah have connected this). And ‘Uqbah ibn ‘Amir al-Juhani (may Allah be pleased with him) said: If the thought of divorce comes to the heart, it does not take effect until it is uttered by the tongue. And ‘Ata’ ibn Abi Rabah said: If someone first says («انت طالق»), and then stipulates a condition that if you enter the house, divorce will take effect according to the condition. And Nafi‘ asked Ibn ‘Umar (may Allah be pleased with them both): If someone says to his wife, “You are irrevocably divorced if you leave the house,” and then she leaves, what is the ruling? He said: The woman will be irrevocably divorced. If she does not leave, divorce does not take effect. And Ibn Shihab al-Zuhri said (as narrated by ‘Abd al-Razzaq): If a man says, “If I do such and such, then my wife is thrice divorced,” and then says, “When I said that, I intended a specific period (i.e., a year or two, or a day or two),” then if he had such an intention, the matter is between him and Allah (he knows his own affair). And Ibrahim al-Nakha‘i said (as narrated by Ibn Abi Shaybah): If someone says to his wife, “I have no need of you now,” then it depends on his intention. And Ibrahim al-Nakha‘i also said: The divorce of people of other languages will be in their own language. And Qatadah said: If someone says to his wife, “When you become pregnant, you are thrice divorced,” it is obligatory for him to have intercourse with her once in every purity period, and when it is known that she is pregnant, she will separate from the man at that time. And Imam Hasan al-Basri said: If someone says to his wife, “Go to your parents’ house,” and intends divorce, then divorce will take effect. And Ibn ‘Abbas (may Allah be pleased with them both) said: Divorce is given (out of necessity) at the time of need, and freeing a slave is for the pleasure of Allah. And Ibn Shihab al-Zuhri said: If someone says to his wife, “You are not my wife,” and intends divorce, then divorce will take effect. And ‘Ali (may Allah be pleased with him) said (as connected by Baghawi in al-Ja‘diyyat): O ‘Umar! Do you not know that three people are exempt from accountability (i.e., their deeds are not recorded): the insane until he recovers, the child until he matures, and the sleeping person until he wakes up. And ‘Ali (may Allah be pleased with him) also said: The divorce of everyone will take effect except the ignorant, the foolish (such as the insane, the minor, the intoxicated, etc.), whose divorce does not take effect.

And Allah the Exalted has said (in Surah Al-Ahzab) «يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدة تعتدونها فمتعوهن وسرحوهن سراحا جميلا‏»: "O you who believe! When you marry believing women and then divorce them before you have touched them, then there is no waiting period for you to count concerning them. So provide for them and release them in a gracious manner." And Ibn Abbas (may Allah be pleased with them both) said that Allah the Exalted has placed divorce after marriage. (This has been narrated by Ahmad, Al-Bayhaqi, and Ibn Khuzaymah.) And in this regard, similar narrations have come from Ali (may Allah be pleased with him), Sa'id ibn Al-Musayyib, 'Urwah ibn Az-Zubair, Abu Bakr ibn Abdur-Rahman, 'Ubaydullah ibn Abdullah ibn 'Utbah, Aban ibn 'Uthman, Ali ibn Husayn, Shurayh, Sa'id ibn Jubayr, Qasim, Salim, Tawus, Hasan, 'Ikrimah, 'Ata', 'Amir ibn Sa'd, Jabir ibn Zayd, Nafi' ibn Jubayr, Muhammad ibn Ka'b, Sulayman ibn Ka'b, Sulayman ibn Yasar, Mujahid, Qasim ibn Abdur-Rahman, 'Amr ibn Hazm, and Sha'bi (may Allah have mercy on them all). All of these elders have narrated similarly. All have said that divorce does not take effect.

The Prophet (ﷺ) said that Ibrahim (peace be upon him) said to his wife Sarah that "She is my sister" (meaning, my sister in faith for the sake of Allah).

Likewise, the ruling for both intoxication and insanity is the same. Similarly, issuing divorce by mistake or forgetfulness, or mistakenly deriving a ruling of shirk (some have transmitted the word «واشك» here, which is more plausible), or performing an act of shirk by mistake, because the Prophet (peace be upon him) said that all actions are based on correct intention, and every person will get only what he intends. And ‘Amir Sha‘bi recited this verse «لا تؤاخذنا إن نسينا أو أخطأنا‏». And in this chapter, it is also mentioned that the confession of a person afflicted with obsessive thoughts or insanity is not valid, because the Prophet (peace be upon him) said to the person confessing to adultery, “Perhaps you are insane?” And ‘Ali (may Allah be pleased with him) said: The chief Hamzah ripped open the bellies of my she-camels (and made kebabs from their meat). The Prophet (peace be upon him) began to rebuke him, then saw that he was completely intoxicated, his eyes were red. He replied (in his drunken state), “Are you all not the slaves of my father?” The Prophet (peace be upon him) recognized that he was completely drunk, so he left, and we also left with him. And ‘Uthman (may Allah be pleased with him) said: The divorce of an insane or intoxicated person does not take effect (Ibn Abi Shaybah has connected this). And Ibn ‘Abbas (may Allah be pleased with them both) said: The divorce of an intoxicated or coerced person does not take effect (Sa‘id ibn Mansur and Ibn Abi Shaybah have connected this). And ‘Uqbah ibn ‘Amir al-Juhani (may Allah be pleased with him) said: If the thought of divorce comes to the heart, it does not take effect until it is uttered by the tongue. And ‘Ata’ ibn Abi Rabah said: If someone first says («انت طالق»), and then stipulates a condition that if you enter the house, divorce will take effect according to the condition. And Nafi‘ asked Ibn ‘Umar (may Allah be pleased with them both): If someone says to his wife, “You are irrevocably divorced if you leave the house,” and then she leaves, what is the ruling? He said: The woman will be irrevocably divorced. If she does not leave, divorce does not take effect. And Ibn Shihab al-Zuhri said (as narrated by ‘Abd al-Razzaq): If a man says, “If I do such and such, then my wife is thrice divorced,” and then says, “When I said that, I intended a specific period (i.e., a year or two, or a day or two),” then if he had such an intention, the matter is between him and Allah (he knows his own affair). And Ibrahim al-Nakha‘i said (as narrated by Ibn Abi Shaybah): If someone says to his wife, “I have no need of you now,” then it depends on his intention. And Ibrahim al-Nakha‘i also said: The divorce of people of other languages will be in their own language. And Qatadah said: If someone says to his wife, “When you become pregnant, you are thrice divorced,” it is obligatory for him to have intercourse with her once in every purity period, and when it is known that she is pregnant, she will separate from the man at that time. And Imam Hasan al-Basri said: If someone says to his wife, “Go to your parents’ house,” and intends divorce, then divorce will take effect. And Ibn ‘Abbas (may Allah be pleased with them both) said: Divorce is given (out of necessity) at the time of need, and freeing a slave is for the pleasure of Allah. And Ibn Shihab al-Zuhri said: If someone says to his wife, “You are not my wife,” and intends divorce, then divorce will take effect. And ‘Ali (may Allah be pleased with him) said (as connected by Baghawi in al-Ja‘diyyat): O ‘Umar! Do you not know that three people are exempt from accountability (i.e., their deeds are not recorded): the insane until he recovers, the child until he matures, and the sleeping person until he wakes up. And ‘Ali (may Allah be pleased with him) also said: The divorce of everyone will take effect except the ignorant, the foolish (such as the insane, the minor, the intoxicated, etc.), whose divorce does not take effect.

Narrated Abu Huraira: The Prophet said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:

Narrated Jabir: A man from the tribe of Bani Aslam came to the Prophet while he was in the mosque and said, "I have committed illegal sexual intercourse." The Prophet turned his face to the other side. The man turned towards the side towards which the Prophet had turned his face, and gave four witnesses against himself. On that the Prophet called him and said, "Are you insane?" (He added), "Are you married?" The man said, 'Yes." On that the Prophet ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al- Harra and then killed

Narrated Abu Huraira: A man from Bani Aslam came to Allah's Apostle while he was in the mosque and called (the Prophet ) saying, "O Allah's Apostle! I have committed illegal sexual intercourse." On that the Prophet turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet had turned his face, and repeated his statement. The Prophet turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet called him and said, "Are you insane?" He replied, "No." The Prophet then said (to his companions), "Go and stone him to death." The man was a married one.

Jabir bin `Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla (`Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.