Is the divorce pronounced by an incompetent person (Safiih) valid?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The divorce pronounced by an incompetent person (Safiih) is valid according to the opinion of the majority of scholars, including Al-Qasim ibn Muhammad, Malik, Al-Shafi'i, and Abu Hanifa and his companions. This ruling is upheld because the Safiih is considered legally responsible (mukallaf) regarding the subject matter of divorce, thus his declaration is effective, similar to a sane person. The legal restriction placed on his wealth does not invalidate his disposition over matters outside that restriction, analogous to an insolvent person (muflis).
Supporting text
Ata' prohibited the validity of divorce by an incompetent person.