Fatwa ID: 03237

Answered by: Mufti Mohammed Tosir Miah​

Question

I recently found out that my husband is suffering from OCD (obsessive-compulsive disorder) and depression for the last ten years he is on medication but he hid that fact from everyone because of his mental condition he is unable to understand some things and he does things out of control. I want to explain again all my situation that what happened that day when he said it three times he came home from work we were sitting down we were talking about something he said very disrespectful things to me I told him to stop but he didn't His phone was on the floor I picked that phone up and hit him hard on his head and that time he said talaq three times and he said now I have given you talaq.

I was shocked I asked him do u know what u just said he said no I don't know what I said. I told him now our relationship is finished I was crying he was in pain that time after 5 mints he came upstairs and he was saying toba toba toba I didn't do this by purpose. You are still my wife he was in shock too at what just happened from that day he repeatedly saying that he didn't do it by purpose or intentionally it was automatic but I didn't listen that time and I came into my aunties house to live in so a few weeks ago he told me about his mental illness and he said that time he said those words his medication was finished he showed me the proof as well.

I really feel sorry for him. I am not making stuff up just to save the marriage but these are all facts which I didn't mention earlier and in past, he only said twice just the word talaq but he is saying he had no knowledge that if you say that word then husband-wife relationship broke and he never has the intention to leave me.  Please if you can provide another fatwa of talaq is valid or not jazakAllah

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

As I have mentioned in numerous fatwas that people who suffer from OCD have a constant waswasa or insulation problem. They constantly think or have doubts that they have given their wives a talaq. Some sufferers are such that innocuous words such as give or take make them feel or assume they have divorced their wives.

However, in your situation, I believe this is not an OCD situation. Your husband giving you the talaq was a reaction of you hitting him. He uttered the words of talaq clearly. He did not doubt the words of talaq. Therefore, the conclusion we can come to is three talaq has occurred and it will not be permissible to reconcile with him.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham