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The question

When does the divorce of a man suffering from obsessive-compulsive thoughts of divorce take effect, especially if his obsessions are continuous and interspersed with strong thoughts and words of divorce? Is the intention to divorce—not the utterance of it—a condition for ruling that divorce has occurred? And if a divorce is issued by an obsessive person in a state of tranquility and mental stability, yet he does not desire it, is it ruled to have occurred?

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

Divorce only occurs from a responsible, sane, and uncoerced husband. Thus, the divorce of an insane person, or someone coerced, or an overwhelmed person suffering from intrusive thoughts (waswasah) does not take effect. However, if a person suffering from waswasah pronounces divorce willingly and understanding what he is saying, then his divorce takes effect. Divorce does not occur merely by intention; rather, it requires a verbal utterance or a written statement accompanied by the intention of divorce. Divorce by explicit verbal utterance takes effect even without intention. Whoever is afflicted with waswasah must disregard it and seek Allah’s help.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
119994
Imported
Translation status
Source text, unreviewed
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