Does Involuntary Speech of Divorce Affect the Validity of My Marriage?

Answered by Shaykh Yusuf Weltch

Question

I struggle with intrusive thoughts and often speak them aloud without realizing it. I have unintentionally whispered words of divorce twice and fear it may happen again. Does this affect the validity of my marriage?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

An involuntary vocalization of intrusive thoughts of divorce does not legally count as an official divorce pronouncement. This is commensurate to someone with an unsound intellect making such a statement. [Ibn ‘Abidin; al-‘Uqud al-Durriyya]

Ibn ‘Abidin (Allah have mercy on him) mentions in his commentary of the Fatawa al-Hamidiyya:

“A question regarding a man who had a sickness that affected his intellect such that he mixes up his words, freely mentions private matters, and does actions that those with unsound intellect may do – and in this state, he pronounces divorce of his wife, what is the ruling?

The answer: if the soundness of his mind is affected and he does not have full comprehension, the divorce pronouncement is not legally binding, and he is not charged with proof. He is thus like a person with an unsound mind, for unsoundness of mind takes on many forms.”

Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Abdul-Rahim Reasat

Shaykh Yusuf Weltch is a teacher of Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he went on to study at Darul Uloom Seminary in New York and completed his studies at Darul Mustafa in Tarim, Yemen.

There, he completed the memorization of the Quran and his study of Islamic Sciences. Throughout his years of study, he was blessed to learn from many great scholars: Habib Umar bin Hafiz, Habib Kazhim al-Saqqaf, Shaykh ‘Umar bin Husayn al-Khatib, and others.

Upon returning, he joined the SeekersGuidance faculty in the summer of 2019.