Hadith 3365

(2) The statement: "If an intoxicated person divorces, his divorce is valid"—This means the divorce of an intoxicated person is effective according to us. This is also Ash-Shafi’i’s view in his most authentic opinion. Al-Karkhi and At-Tahawi preferred that it is not valid, which is one of Ash-Shafi’i’s two opinions, because sound intention requires sanity, which is absent in intoxication, similar to anesthesia or medication. Our evidence is that intoxication results from a sinful cause (consuming intoxicants), so it is treated as if the person is still accountable to deter him. If someone drinks and becomes intoxicated, losing his sanity due to the intoxication, we say his divorce is not valid. This is mentioned in Al-Hidayah and Fath al-Qadir, derived from both.