What is the ruling on the divorce of a person suffering from obsessive doubts (al-waswas) who thought his wife had been irrevocably divorced from him (baynunah kubra), and then pronounced the divorce due to this mistaken assumption, or due to a severe state of crying and nervous breakdown? Does his divorce take effect? And does the principle "what is built upon falsehood is false" apply? What is the Shariah ruling on someone who cannot remember whether he pronounced the divorce or not? Is this considered a state of duress (ighlaq)? And is there a statement from Ibn Taymiyyah regarding this?
We have previously explained that the divorce of one afflicted by obsessive thoughts (waswasah), due to those obsessive thoughts, is not effective. What you experienced was waswasah, which does not affect your marital bond, for the marital bond is not dissolved by a doubtful divorce. One afflicted by waswasah should completely and utterly disregard these obsessive thoughts, seek help from Allah, and supplicate frequently.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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