Does divorce occur through a delusional person's gesture or movement that is not understood to signify divorce and is not used for it, but by which he intended divorce after informing his wife about it? And is it considered a كناية (allusion/metaphor) after it has become understood by the wife?
First: It is not appropriate for a person afflicted with obsessive thoughts (waswasah) concerning divorce, especially if they are not students of knowledge, to read the detailed rulings of divorce. Rather, they should ask the people of knowledge and act upon their .
Second: Divorce only occurs verbally for one who is able to utter it. A gesture does not take the place of speech according to the majority, except for the mute or through writing.
Third: The cure for obsessive thoughts is to turn away from them, not to dwell on them, and to supplicate. If they intensify, one should seek treatment from doctors. It is advisable to refrain from reading the rulings of divorce until the obsessive thoughts dissipate.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 190966
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy