What is the ruling on the divorce of a person afflicted with obsessive-compulsive disorder (waswas) who divorces his wife while doubting the occurrence of the divorce? Does his divorce take effect if he doubts whether it resulted from waswas or intention? Is it true that the divorce of a person with waswas does not take effect unless it is written before a judge, as attributed to Sheikh Ibn Uthaymeen? Is it permissible for a person with waswas to avail himself of legal concessions (rukhas shar'iyyah) regarding divorce rulings? How can one differentiate between a divorce resulting from waswas and a divorce resulting from intention? Is there any recognized legal ruling that requires witnesses for the occurrence of divorce, which a person with waswas can adopt to alleviate his obsessions and depression? Is doubt about whether a divorce resulted from waswas or intention taken into consideration and acted upon?
We have not come across any statement from Sheikh Ibn Uthaymeen or others that the divorce of a person afflicted with waswas (obsessive whispering/doubts) does not take effect unless it is written down in front of a judge. However, the divorce of a person afflicted with waswas due to the waswas itself does not take effect as long as they are overcome by it. But if it is issued by their own choice, then they are held accountable for it. So, if a person afflicted with waswas divorces by their own will and choice to get rid of doubt, their divorce is valid. This approach is incorrect, and one should turn away from waswas. What occurs from a person afflicted with waswas due to waswas is not valid, but what occurs by their choice, one acts upon what their heart is reassured by. If the matter is brought before a judge, their ruling resolves the dispute.
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