Ruling on the Divorce of Someone Who Suffers from Fainting or Episodes of Madness

Hazrat Saeed bin Musayyib (may Allah have mercy on him) says that the divorce of a person who is afflicted with death (unconsciousness and insanity) is not valid; when he regains consciousness, then his divorce is permissible.

It is also narrated similarly from Ibrahim, may Allah have mercy on him.

Hasan (may Allah have mercy on him) says that if a person has an episode of insanity and divorces, his divorce does not take effect. Qatadah (may Allah have mercy on him) says that if he engages in buying and selling, it will be considered valid, but if he divorces in a state of insanity, the divorce will not take effect.

18886 - And Qatadah said: If he buys and sells, it is binding upon him, but if he divorces while in a state of insanity, it is not binding upon him.

Hazrat Sha'bi (may Allah have mercy on him) regarding the person who has been afflicted by madness or similar conditions, states that his giving of divorce and freeing (a slave) is valid.

Hazrat Qatadah (may Allah have mercy on him) says that there are two types of insanity: if there is no recovery from insanity, then divorce is not permissible, and if recovery occurs, then divorce given in the state of recovery is valid.