Back to search
The question

Does the divorce of a person afflicted by obsessive-compulsive disorder (waswas) who divorced his wife due to this disorder or the chest tightness resulting from it, while ignorant of the rulings on the non-occurrence of divorce, and feeling joy or satisfaction with the divorce after it occurred – knowing that if he had known of its non-occurrence, he would have reconciled with his wife – take effect? And is he considered in the same category as an insane person or one who is coerced? And does his feeling of joy or satisfaction constitute an endorsement of the divorce after the coercion has ceased, while the obsessive thoughts persist?

Share this answer

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

We ask Allah to grant you a swift recovery from obsessive thoughts. The divorce of one afflicted by obsessive thoughts does not take effect, even if he utters the words, unless he genuinely intends and wills it in a state of tranquility and stability, because he is considered to be under duress. The Prophet, peace and blessings be upon him, said: "There is no divorce in a state of compulsion." Therefore, no divorce takes effect from him if he does not truly intend it with tranquility. Based on this, if you uttered the words of divorce due to obsessive thoughts and distress, and you did not intend to effectuate it, then there is nothing upon you, and your wife remains in your bond. Your mere feeling of satisfaction and joy at the divorce does not effectuate it; rather, it is joy at being rid of the discomfort caused by obsessive thoughts. Thus, your divorce is not valid, and your wife remains in your bond, so distance yourself from obsessive thoughts.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
114060
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy