Divorce of People with Mental Condition and Insane Ones and their Guardian

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who has a mental condition and his reason is gone; if divorce by his guardian is permissible. He (the Imam) said, ‘Why does he not divorce?’ I replied, ‘He…

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who sometime understands and sometimes does not understand: if his divorce by his guardian is permissible. He (the Imam) asked, ‘What is the matter with him,…

“Abu Ja‘far, and abu ‘Abd Allah (a.s.), have said, ‘Divorce by al-Muwallah (confused, excited, awestruck); one’s divorce and setting free of slaves is not valid.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who has a mental condition whose reason has gone; if his divorce is permissible. He (the Imam) said, ‘No, it is not permissible.’ About a woman of the same…

“Abu ‘Abd Allah (a.s.), has said, ‘If a man because of a mental condition cannot divorce properly, his guardian must do it for him according to Sunnah .’ I then asked, ‘What happens if because of ignorance he divorced…

“Abu ‘Abd Allah (a.s.), has said, ‘Divorce is permissible except divorce by a man with mental condition, a child or Mubarsam, (suffering from a disease of diaphragm), an insane or a coerced one.”’

“About the case of a man suffering from a mental condition, abu ‘ Abd Allah (a.s.), has said, ‘His guardian divorces for him because I see him like the Imam (for him).”’