What is the ruling regarding speech when one party is intoxicated?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 6 · Bab 2

Open in Qurani

Primary text

If a person who swore an oath not to speak to someone speaks to them while intoxicated, the oath is breached because an intoxicated person's speech has legal consequence, and their speech in intoxication may even be more detrimental than in sobriety. If the wife speaks to him while she is intoxicated, the oath is breached because her status is treated as that of a sober person.