What is the ruling on a marriage that has continued for five years, during which there were unintentional allusive divorce utterances, followed by three explicit, separate divorces with reconciliation, and a divorce during menstruation that a شيخ (sheikh) ruled as not having occurred, then another divorce, and two more divorces, knowing that the reason for these divorces is doubt and obsessive-compulsive disorder? What is the solution, and what is the ruling on the child?
A person suffering from waswas (obsessive doubts) does not incur a divorce, even if they utter the words explicitly, unless they genuinely intend it while in a state of calmness and stability. This is because they are considered to be under duress, based on the Prophet Muhammad's (peace be upon him) saying: "There is no divorce in ighlaq."
So, if you uttered the words of divorce due to waswas and distress, and did not intend for it to take effect, then the divorce does not occur.
However, if you uttered it by your own will and choice to rid yourself of doubt, then your divorce is valid. This is an incorrect approach, and the cure for waswas is to ignore it and seek refuge in Allah from Satan.
If this has occurred three times, then your wife has become irrevocably divorced from you (baynunah kubra).
The child, in any case, is attributed to you. The pregnancy occurred when you still had one divorce remaining. Scholars have agreed that any marriage which the husband believes to be valid, the child resulting from it is attributed to him.
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- Ftawy
- Original fatwa ID
- 160472
- Imported
- Translation status
- Source text, unreviewed
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