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?
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.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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