Is the divorce issued by a person whose intellect is removed due to something other than intoxication or its equivalent valid?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The divorce of one whose intellect is removed, provided it is not due to intoxication or similar causes, is not effective. This view is held by Uthman, Ali, Sa'id ibn al-Musayyab, al-Hasan, al-Nakha'i, al-Sha'bi, Abu Qilabah, Qatadah, al-Zuhri, Yahya al-Ansari, Malik, al-Thawri, al-Shafi'i, and the People of Ra'y (Hanafi jurists). They all agree that a man's divorce while asleep has no effect. Evidence for this is the Hadith: 'The pen is lifted from three: the sleeper until he awakens, the child until he reaches puberty, and the madman until he regains sanity.' Furthermore, divorce is a declaration that dissolves ownership, thus reason must be considered, similar to sales transactions.
Supporting text
A narration from Abu Hurairah states that every divorce is valid except the divorce of the deficient in intellect (*al-ma'tuh*), though some scholars question the authenticity of this narration. A similar narration is reported from Ali.