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?
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 · reviewed Sep 2, 2026
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