QuestionsCategory: Marriage & DivorceValidity of marriage
Bella asked 1 month ago

Assalamu alaykum
My husband is mentally ill – and awaiting diagnosis
He tried committing suicide, and drove the both of us in to a truck on a highway. After this incident, he was hallocinating in the hospital and believed he saw two relatives visiting us, when in fact there were no visitors allowed at that time.
During extreme stress and depression, sleep deprivation etc…. he really began to spiral out of control.
His first wife (I am his second), wanted divorce. In an attempt to save his first marriage, he lied to her and some friends who were mediating for them, and told the group that he had divorced me and finished his relationship and all contact with me. This was never true and his niyyaa was never to divorce me.
From my knowledge, this, any joking, lies or jest still counts as Talaq. I was not aware of this statement he made for 2 months, until now. Subhan’Allāh.
My husband and I now wonder, The 2 months since the conversation with others about divorcing me, we continued our marriage and marital relations…. did this automatically undo the divorce?
Can he even make decisions on divorce when he was in his previous state of illness?
I really hope you are able to share some information, even if it is generalised. I am not expecting a fatwa given you are unable to consult us in detail..
Thank you so much,
Jazak Allahu khayran
Bella