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Uttering talaq in sleep lands couple in soup Press Trust of India Siliguri, March 26, 2006            A Muslim couple in Jalpaiguri district have been ordered by local religious leaders to separate as the husband allegedly uttered talaq  three times in his sleep. While the couple, who have three children, refused to obey the order since there was no discord between them, the community leaders are adamant that they must separate or face a "social boycott". Aftab Ansari and Sohela have been married for the past 11 years. However, on the night of December 20 last year, Aftab allegedly uttered talaq  three times in his sleep after a tiff with his wife. The matter came to light when Sohela discussed it with her close friends and soon it reached the ears of the Muslim leaders. The leaders, quoting the Shariyat, ruled that the talaq  has to be implemented and if it is not acceptable, the only alternative was temporary separation for 100 days during which the wife will live at her father's house and spend a night with another man. She can remarry her husband only after the man has given her talaq. As the couple was unwilling to accept the verdict, the matter went to the family counselling centre at Falakata police station in Jalpaiguri district. The counselling centre, attended by judges of the Alipurduar sub-divisional court, discussed the problem in detail on Saturday, but failed to find a solution. The additional district session judge (second track), Muhammad Abdul Jalil, has directed the general secretary of the Anjuman Committee, Muhammad Abul, to settle the issue, sources in the counselling centre said.

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He does not say "I divorce you with two divorces" or "You are divorced three times" or "You are divorced...youi are divorced...you are divorced."  Since divorce three times [in one sitting] is forbidden based on that which is narrated from the Prophet (sallallaahu 'alayhi wa sallam) that he said about a man who divorced his wife with three divorces at once: "Is the Book of Allaah being played with while I am still amongst you?" Until a man stood up and said: "O Messenger of Allaah! Shall I not kill him!" [Collected by Imaam an-Nasaa'ee in the Book of Divorce #3401]

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As for the divorce of the angry one, then it takes effect as some have said, and that is because divorce does not emanate except when under anger, so he would not be excused due to his anger- except if he was angry to such a degree that he loses his consciousness and his ability to distinguish as well as his intellect cease - then he falls under the ruling of the mad one, and likewise the one who is drunk ? according to that which is correct is that his pronouncement of divorce does not take effect and nor does his acceptance (agreement) and nor are his entire dealings correct due to the absence of his intellect.