What is the ruling on one who divorced his wife with the intention of divorce, but doubts the number of divorces due to obsessive-compulsive disorder (waswas), and do his obsessive thoughts affect the occurrence of the divorce?
The divorce of a person afflicted with obsessive thoughts (waswasa) does not take effect if he utters it without genuine intent, even if he pronounces the clear word of divorce, because he is overwhelmed by his condition. If the husband initiated the divorce to rid himself of obsessive thoughts and doubts, then his divorce does not take effect. If he ututtered it with intent and certainty, and doubts the number, it is considered a single divorce. However, if he divorced three times with the intention that the woman would return to him with a new marriage contract, while genuinely intending the divorce, then she is divorced from him. The best cure for obsessive thoughts is to ignore them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 114905
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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