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The question

Does allusive divorce occur due to intrusive thoughts, and is it true that divorce does not occur except through the court with full intent?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The divorce of one who is afflicted with obsessive doubts (al-waswas) does not take effect, even if he utters its explicit wording, unless he genuinely intends and wills it while in a state of tranquility and stable mind. This is because he is often overwhelmed by his condition, and he is considered to be in the same position as someone acting under duress, based on the Prophet's (peace and blessings be upon him) saying: "There is no divorce in a state of coercion (ighlaq)." Accordingly, your statement to your friend, "My wife will come on such-and-such a day," and your imagination that you told him you divorced her and took her back—all of this does not constitute a divorce, because it is merely a product of obsessive doubt (waswasa). Therefore, no divorce is binding upon you unless you utter it with the intention of effecting it while in a state of tranquility and peace of mind. As for your divorce not taking effect except in court, we have not found any scholar who holds this view.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
121929
Imported
Translation status
Source text, unreviewed
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