Chapter on the Divorce by an Insane Person

Hadith.4770 - Abd al-Karim ibn ʿAmr narrated from al-Ḥalabi from Abu Abdullah (as) who said: I asked Imam (as) about the divorce of a mentally impaired person whose intellect is diminished, whether it is permissible? Imam (as) replied: "No." I (narrator) also asked about a woman in the same condition, whether it is permissible to sell her property or manage her dowry? He replied: "No."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.4771 - Ḥammad ibn ʿIsa narrated from Shuʿayb, from Abu Baṣir, from Abu Abdullah (as), that Imam (as) who was asked about the validity of a divorce issued by a mentally impaired person (ma'tooh). Imam (as) responded: "What do you mean by that?" I said: "The foolish one who lacks sound reasoning." Imam (as) replied: "Yes, it is valid."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.4772 - Ṣafwan ibn Yaḥya narrated from Abu Khalid al-Qammaṭ, who said: I said to Abu Abdillah (as): "A man who sometimes understands his own position and at other times denies it, can his guardian (wali) issue a divorce on his behalf?" Imam (as) said: "What is wrong with him? Can he not divorce himself?" I said: "He does not understand the rules of divorce, and if he divorces today, he might say tomorrow that he did not divorce." Imam (as) said: "I see him (wali) as being in the position of an Imam - that is, the guardian (wali) has authority over him."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.