Answered by Shaykh Yūsuf Badāt
Question:
I have been diagnosed with OCD and it was very tough initially. Over time it is getting better. Usually, in winter months it comes back. The doctor gave me medicine and a 4 months course on CBT and ERP where they ask me to speak words of ṭalāq and also give ṭalāq to my wife in writing. This is to just cure my OCD. What is ruling on it from an Islamic point of view?
Answer:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathabah Institute with your question.
Getting treatment for your ailment is praiseworthy. However, from the Islamic point of view, when a husband, in clear terms, divorces his wife verbally and or in writing, it will formalize into an actual divorce, even if it be during a medical procedure. That being said, we advise you to adopt the procedure of treatment but not articulate the divorce to your wife in any way shape or form, otherwise the divorce will be established, islamicaly.
“And if he has divorced her, then she is not lawful to him.” – (Qur’ān 2:230)[1]
The Prophet (peace and blessings be upon him) said, “There are three things which, whether undertaken seriously or in jest, are treated as serious; marriage, divorce and taking back a wife [after a divorce which is not final].” – (Abū Dāwūd 2194)[2]
“Uwaymir Al-Ajlānī (may Allāh be pleased with him) divorced his wife with three pronouncements in the presence of the Messenger of Allāh (peace and blessings be upon him). The Prophet of Allāh (peace and blessings be upon him) considered the divorces executed.” – (Sunan Abū Dāwūd 2250)[3]
Only Allāh knows best.
[1] فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ – البقرة ٢٣٠
[2] ثَلاَثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ النِّكَاحُ وَالطَّلاَقُ وَالرَّجْعَةُ – أبو داؤد ٢١٩٤
[3] فطَلَّقَها ثلاثَ تَطليقاتٍ عندَ رَسولِ الله صلَّى اللهُ عليه وسلَّم فأنفَذَه رَسولُ الله صلَّى اللهُ عليه وسلَّم أخرجه أبو داود ٢٢٥٠