Ruling on the Divorce of a Mentally Deficient Person

Hazrat Ali (may Allah be pleased with him) says that every divorce is valid except the divorce of one who is of unsound mind.

It is narrated similarly through another chain.

Hazrat Ali (may Allah be pleased with him) says that every divorce is valid except the divorce of one who is of unsound mind.

Hazrat Nafi’ (may Allah have mercy on him) narrates that Mujbir bin Abdur Rahman (may Allah have mercy on him) divorced his wife while she was in a state of diminished intellect, so Hazrat Ibn Umar (may Allah be pleased with them both) ordered his wife to observe the waiting period (‘iddah). It was said to him that she is of diminished intellect. Hazrat Ibn Umar (may Allah be pleased with them both) replied that he had not heard that Allah Almighty had made an exception for the divorce of someone of diminished intellect or anyone else.

Hazrat Sha'bi (may Allah have mercy on him) says that the divorce of a person of unsound mind and a child does not take effect.

Ibrahim (may Allah have mercy on him) said that if a person of unsound mind gives divorce while in a state of sanity, his divorce will take effect.

Hazrat Saeed bin Musayyib (may Allah have mercy on him) says that the divorce of an insane person is nothing.

Hazrat Shurayh (may Allah have mercy on him) says that the divorce of an insane person is nothing.

Hazrat Dahhak (may Allah have mercy on him) says that the divorce of an insane person is nothing.

Hazrat Zuhri (may Allah have mercy on him) says that the divorce of an insane person is nothing.

Ibrahim (may Allah have mercy on him) said that the divorce of everyone except the insane is valid.

Hazrat Sha'bi (may Allah have mercy on him) said that the divorce of an insane person is nothing.