Can a person afflicted with obsessive-compulsive disorder (waswasah) regarding divorce avail himself of dispensations such as requiring the addition of the word "divorce" to the wife, or the occurrence of divorce through voice and tongue movement, or requiring witnesses or a judge, in order to alleviate the waswasah and distinguish between intention and waswasah?
There is no blame upon the person afflicted by obsessive doubts () for adopting the easier of the juristic opinions. However, there is no need for this in the case of divorce, because divorce does not occur unless a person pronounces it consciously, voluntarily, and without coercion. As for contemplating divorce, or pronouncing it under coercion, or being overwhelmed by one's intellect due to obsessive doubts, it does not take effect. If the matter becomes ambiguous, and one does not know whether the divorce was pronounced consciously and voluntarily or not, one should not pay attention to the doubt, because the default principle is the continuation of the marriage. Therefore, one must completely disregard obsessive thoughts and not pay any attention to them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 153950
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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