What are the rulings concerning divorce related to obsessive-compulsive disorder (waswasah), and does divorce occur by moving the tongue without sound, or by uttering it as a question, or by writing it to confirm, and when does the divorce of a person with waswasah take effect? And does the distinction between intention and waswasah disappear during marital disputes?

The jurists differed regarding the occurrence of divorce by moving the tongue without the person hearing himself. The Hanafis, Shafi'is, and Hanbalis held that it does not occur, while the Malikis consider it sufficient for the tongue to move, even if the person does not hear himself.

If the husband is afflicted by obsessive-compulsive disorder (waswasa), his divorce does not occur by moving the tongue without hearing himself.

Similarly, divorce does not occur merely by narrating a divorce without intending to initiate it, or by writing the phrase "Do you want a divorce?" if there is no intention of enacting the divorce thereby.

Divorce does not occur if the husband utters it due to waswasa, because a person afflicted by waswasa often lacks choice and intention.