What is the meaning of a divorce stemming from a whim? Is the divorce of a patient with obsessive-compulsive disorder considered to be stemming from a whim when the illness is the driving force behind the divorce? And what are the limits of obsessive thoughts beyond which divorce does not occur?
The summary of the fatwa is that the meaning of the statement by Ibn Abbas (may Allah be pleased with them both), "There is no divorce except out of necessity," means that a man should not divorce his wife unless there is a need that calls for it, such as her disobedience. As for the person suffering from obsessive-compulsive disorder (waswas), if he issues a divorce under the influence of the illness, he is overcome by his condition, and thus his divorce is not effective. The divorce of a person with waswas does not occur if he utters it with his tongue unless he truly intends it with real conviction, in a state of tranquility and mental stability; otherwise, he is overwhelmed by it. Therefore, no divorce occurs from him if he did not truly intend it with tranquility.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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