Q: My husband suffers from severe waswasas. We are newly married and both of us are extremely in love and happy with each other. However due to his waswasa problem he keeps on getting thoughts in his mind to say the words of divorce. This condition has become so severe that he cries continuously for hours because he is scared that he is going to loose me. Thus we have consulted with an Aalim an marriage councillor and he has told my husband to make a shart that divorce will only take place after consultation with an Aalim and when another Aalim is a witness(to combat the waswasa) so now we would like to know if due to waswasa he says the words will talaaq fall? (N.B. he has a history of severe waswasas in wudhu and salaah so much so that he repeats his witr about 12 times because of waswasa whether he read qunoot or not) please help! If there is any other solution it would be appreciated if you include it in the reply.
A: Such a person is not normal. And when a person is not in the normal frame of mind then his words do not count, like a sleeping person or an insane person. He says things unintentionally. Hence, when the words are unintentional then the divorce does not take place.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)