What is the difference between someone ignorant of the ruling on divorce and someone afflicted by obsessive doubts about it, and what is the ruling on the divorce of each of them? Is it permissible for someone afflicted by obsessive doubts to adopt the fatwa that does not consider a triple divorce to have occurred unless it is separated by a رجعة (a return to the marital relationship after a revocable divorce)? What are the conditions for acting upon a legitimate concession (rukhsa shar'iyya)?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The divorce of an ignorant person who knows the meaning of divorce takes effect, because he uttered the divorce intentionally and by choice, and his ignorance of the consequence does not excuse him. As for the one afflicted by obsessive-compulsive disorder (waswasa), his divorce does not take effect because he is overwhelmed by his condition and a sound intention cannot be conceived from him. There is no blame upon him if he acts according to the of those who say that three divorces do not take effect unless there is an intervening return (raj'a), in order to ward off the waswasa.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 115420
- Imported
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- Source text, unreviewed
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