What is the Shar’i ruling regarding several instances of divorce that occurred with the wife with the intention of preventing her from doing a certain act, and not with the intention of divorce, given that the husband suffers from obsessive-compulsive disorder, and some of these instances were oaths, and some were conditional upon the occurrence of a specific act? Does verbal divorce with the intention of prevention take effect? Is he sinful for not seeking a fatwa regarding the ruling on divorce that occurred in previous instances? What is the ruling on divorcing the wife during her menstrual period? Can the opinion of Ibn Taymiyyah be adopted, considering these oaths as a divorce or as expiation for an oath? Is he considered obsessive even if it is not a divorce-related obsession? Is he permitted to take the concession in this matter?
The divorce of one afflicted with obsessive-compulsive disorder does not take effect, as the jurists stated: "It is not permissible for a person afflicted with waswas (obsessive doubts) to divorce, for he is overcome in his intellect, speaking without order." Imam Al-Shafi'i said: "Whoever is overcome in his intellect due to a natural predisposition, or an accidental illness, not brought upon himself through disobedience, is not bound by divorce, nor prayer, nor legal punishments. This is like the imbecile, the insane, and the one afflicted with waswas." The questioner is advised to disregard these obsessive thoughts, pay no attention to them, strive to treat them through lawful means, and consult a trusted psychiatrist.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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