Divorce of the drunk person
First we mention the greatness of the sin of drinking intoxicants, the Prophet ﷺ said: (Whoever drinks wine in this world, he will not drink it in the Hereafter, unless he repents) narrated by Muslim and Ahmad.
The Prophet also said: (Every intoxicant is forbidden. Verily Allah the Exalted and Majestic, made a covenant to those who drank intoxicants to make their drink Tinat al-Khabal. They said: Allah’s Messenger, what is Tinat a]-Khabal? He said: It is the sweat of the denizens of Hell or the discharge of the denizens of Hell.) narrated by Muslim.
Allah SWA named alcohol an abomination from the work of Satan, he ordered us to stay away from it, and drinking it is from major sins which only repentance can atone.
The drunk man must hasten to repent before he dies, when the repentance will not help him.
As for the divorce of a drunk person, there has been a dispute amongst the scholars about whether such divorce is counted or not – that is, valid or not.t? The majority of scholars say that the divorce of a drunk person is valid. And others say that it does not hold, if it happens when he does not know what he is saying, and it is in one of the two sayings associated to Imam ahmad, which was chosen by Sheik Al Islam ibn Taymiyah
The evidence for this is in the story of Ma’iz when he said he had committed fornication and the Prophet ﷺ said “have you drank alcohol?” he said “No, so a person stood up and smelt his breath but noticed no smell of wine” narrated by Al Baihaqi in the sunnan, and al Nisai. He smelt him to determine if he was drunk or not. If he were drunk, then his declaration is not valid, and this is the point of inference, and if his declaration is not valid he knows that his statements are false like those of an insane person.
The drunk who does not know what he is saying he does not have a valid intent, and the prophet ﷺ said: Actions are based on intentions. and this is the correct saying.