Back to search
The question

Does the failure of a person afflicted by waswas (obsessive doubts/thoughts) to hear himself utter a divorce (talaq) render it invalid, and does this apply to past occurrences? What is the ruling regarding a waswas-afflicted person uttering a divorce without intending to utter it, or uttering it in his heart, or doubting his intention to utter it?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that divorce does not occur unless the husband pronounces it audibly to himself. Thus, whoever does not hear himself pronounce divorce, it is not binding upon him. This is the preponderant opinion.

Regarding the person afflicted with obsessive-compulsive disorder (waswas), divorce does not occur from him even if he explicitly pronounces it, unless he genuinely intends and wills it with a true intention in a state of tranquility and peace of mind. This is because he is often overcome by his condition in most of his states. Sheikh Ibn 'Uthaymeen clarified that the divorce of a person with waswas does not occur even if his tongue utters it, if it was not with a true intention and tranquility.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
117359
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy