Ruling on deliberately uttering the word of divorce in a program for treating OCD

Firstly:

A divorce issued
under the influence of waswasah (whispers from the Shaytaan) or sihr (magic,
witchcraft) does not count as such, so long as the one who uttered it did
not intend it as such and was, rather, compelled to do so, because there is
no divorce at the time of coercion. Ibn Maajah (2046) narrated from
‘Aa’ishah that the Messenger of Allah (blessings and peace of Allah be upon
him) said: “There is no divorce and no manumission at the time of coercion.”
The hadith was classed as hasan by al-Albaani.

Al-Bukhaari
included a chapter heading in his Saheeh: Divorce in the case of
coercion and compulsion, or uttered by one who is drunk or insane, or who
uttered the word of divorce or words of shirk and the like by mistake or out
of forgetfulness, because the Prophet (blessings and peace of Allah be upon
him) said: “ Actions are but by intentions, and each person will have but
that which he intended.” Ash-Sha‘bi recited the verse (interpretation of the
meaning): “Punish us not if we forget or fall into error” [al-Baqarah
2:286]. And what is not valid of admission (of sin or crime) on the part
of one who is affected by waswasah. The Prophet (blessings and peace of
Allah be upon him) said to one who admitted an offence: “Are you insane?”
‘Uqbah ibn ‘Aamir said: The divorce of one who is affected by waswasah does
not count as such. End quote.

Coercion
includes being forced or compelled, being unaware of what one is saying, and
when one does not mean what one says. This could happen with those who are
affected by waswasah and sihr, and to some of those who are suffering from
depression, as one of them could issue the word of divorce without intending
to or wanting to, and could even find himself compelled to utter the word of
divorce and unable to calm down until he utters that word. In such cases,
the divorce does not count as such.

Al-Bahooti (may
Allah have mercy on him) said: Shaykh [Ibn Taymiyah] said: If the sihr has
had such a great impact that he does not know what he is saying, then his
divorce does not count as such.

End quote from
Kashshaaf al-Qinaa‘ (5/236).

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said: Question: Is the one who is
affected by sihr like the one who is insane?

The answer is
yes; we ask Allah to keep us safe and sound. Being affected by sihr is a
type of insanity, so if a person who is so affected utters the word of
divorce, his divorce does not count as such; if he swears an oath not to
have sexual relations with his wife [eelaa’], his oath is not valid;
if he divorces his wife by zihaar [a jaahili form of divorce in which
the man says to his wife, you are to me as my mother’s back], his zihaar is
not valid. That is because the one who is affected by shihr has no control
over his thoughts at all.

End quote from
ash-Sharh al-Mumti‘ (13/221).

Shaykh Ibn
Jibreen (may Allah have mercy on him) was asked: Does a divorce issued by
one who is affected by sihr count as such or not?

He replied: If
the sihr overwhelmed his reason to the point that he would be classed as
insane, then his divorce does not count as such, because divorce is
dependent upon his being able to decide upon it, because Allah, may He be
exalted, says (interpretation of the meaning): “And
if they decide upon divorce…”
[al-Baqarah 2:227].
The one who has lost his mind is unable to decide or intend anything.

But if the word
of divorce was uttered with understanding and awareness of the ramifications
of divorce, and what it would lead to of separation, then it does count as
such.

But if the
effect of sihr keeps him away from his wife and  creates resentment between
them, and he cannot find any way to calm down except by uttering the word of
divorce – as referred to in the verse in which Allah, may He be exalted,
says (interpretation of the meaning): “And
from these (angels) people learn that by which they cause separation between
man and his wife”
[al-Baqarah 2:102]
– then what appears to be the case is that it does not count as such,
because he is not in control of his words and deeds. And Allah knows best.
End quote.

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said: The divorce of one who is
affected by waswasah does not count as such, even if he utters it himself,
if he did not mean it, because this word is coming from one who is affected
by waswasah, and he does not intend or want that. Rather he is coerced and
compelled to say that, because of the strength of the factor that is pushing
him to say it, and the lack of restraint. The Prophet (blessings and peace
of Allah be upon him) said: “There is no divorce at the time of coercion.”

His divorce does
not count as such if he did not really intend it with a sense of certainty.
In this scenario, in which he is coerced or compelled to say it without
intending it or choosing to do so, it does not count as such.

End quote from
Fataawa Islamiyyah (3/277).

Secondly:

If you feel
overwhelmed because of the sihr and waswasah, and you can find no peace
except by uttering the word of divorce, there is no blame on you for that.
As for deliberately uttering the word of divorce as a means of therapy for
waswasah, in principle it is not allowed, and you should look for other
means of therapy.

If this is the
only option, and there is no other, then there is nothing wrong with saying:
“Anti taaliq min withaaq” meaning “you are released from bonds”  or saying
“Anti taaliq” which usually means “you are divorced”, but may be intended to
mean “you are free of fetters or chains,” i.e., her hands and feet are not
tied up.

Adding the
phrase “min withaaq (from above)” prevents any divorce from taking place.
The same applies if you intend that in your mind, without adding these words
verbally.

If you are
overwhelmed by waswaas to the point that you utter the word without
restricting the meaning of the word talaaq (divorce, release) in any way,
then the divorce does not count as such.

It says in
Kashshaaf al-Qinaa‘ (5/247): If he says to his wife, “Anti taaliq (you
are divorced)”, and he says that what he meant was “released from fetters”,
then she is not to be regarded as divorced before Allah, because Allah knows
best what his intention was. If he clearly mentions the idea of (release
from) bonds, and he said: I have released you from bonds, then his divorce
does not count as such, because what was added to the word of divorce
diverted it from its original meaning, which is similar to making exceptions
or conditions.

And Allah knows
best.