Does the divorce of a drunk man count, and why?

If a person while drunk pronounces "Talaq, Talaq, Talaq" to his wife, is this an irrevocable divorce? A speaker, who is an imam of a masjid, isn't a scholar, but who is popular for his speeches, during a speech spoke out to the audience saying that saying Talaq 3 times while drunk is not talaq but rather what is called "Talaq jahili"?

There is general agreement of the four Sunni schools that the divorce of a drunk person counts (unless they got drunk accidentally on medicine or the like), because the Messenger of Allah (Allah bless him and give him peace) mentioned in numerous hadiths that every man’s pronouncement of divorce counts except the child and the one insane. The wisdom behind it is to deter people from getting drunk, and from being careless about the pronouncement of divorce.

The wisdom behind any utterance of divorce counting is to warn others of the grave consequences of this, and the dangers of falling into the mistakes that lead to it (such as anger, argument, and poor relations). Allah, in His supreme wisdom, often legislated punitive rulings, in which a few individuals may bear a difficult ruling, in order that others pay heed from it, for the general good of society.

[cf: Hanafi: Zayla`i Tabyin al-Haqa’iq, 2.194-195; Ibn al-Humam, Fath al-Qadir, 3.490-492.

Shafii: Nawawi/Shirbini, Mughni al-Muhtaj Sharh al-Minhaj, 4.455-456.

Hanbali: Buhuti, Kashshaf al-Qina`, 5.234-235.

Maliki: Dardir, al-Sharh al-Saghir, 2.542-543]

Likewise, a pronouncement of 3 talaqs in one session (whether in one expression or in repeated expressions) entails a terminal divorce, and they cannot return as husband and wife, by explicit text of the Qur’an,

“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifested them for people who have knowledge.” [Qur’an, 2.230]

Wassalam,

Faraz Rabbani
faraz@sunnipath.com
hanafi@sunnipath.com 

Imam Abu Hanifa (Allah have mercy on him) said, "Fiqh is to know one's self: what is for it and against it."