Did a conditional divorce, stipulated upon speaking about a specific topic, occur when the utterance was made with doubt as to whether it was intentional or due to obsessive thoughts, and if the topic was subsequently discussed with doubt as to whether the intention was to effect the divorce?
The divorce of a person overwhelmed by obsessive thoughts, whose mind is overpowered, is not effective. And whoever doubts his divorce, it does not take effect. However, whoever divorces by his own choice, fully aware of what he is saying, his divorce is effective.
If you made a conditional divorce by your own choice, not being overpowered by your mind, and you doubted your intention to effect the divorce with this condition, then you fulfilled the condition; the chosen opinion for you is that the divorce does not occur, and an expiation for a broken oath (kaffarat ) is due, because a person with obsessive thoughts is permitted to act upon the easiest of opinions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 174057
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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