Does the divorce pronounced repeatedly by a husband suffering from obsessive-compulsive disorder (OCD) who intended to end the marriage contract, and then contemplated divorcing her three times—while in a state of confusion between intent and lack thereof, taking into account that he always feels his wife is not lawful for him and contemplates suicide—take effect?
We clarified in previous fatwas that the divorce of a person afflicted by waswas (obsessive whispering) who has lost control of his mind does not occur, especially if he uttered the divorce without intention, but rather driven by the waswas. However, if he did not utter it at all, but merely thought about it to himself, then his divorce is even more unlikely to occur. The fundamental principle is that the wife remains under the marital bond of her husband, and she does not exit it merely due to doubt.
What we have mentioned is a general answer. Similar questions have been received from the same questioner, and we advised him to consult a court or a trustworthy scholar to explain to him the reality of what happened. We also alerted him to the danger of suicide and clarified to him the ruling regarding a layperson following the of a specific scholar and applying it to his own situation.
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- Ftawy
- Original fatwa ID
- 111002
- Imported
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- Source text, unreviewed
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