Does divorce occur with the words "You are divorced, so-and-so" said in a low voice, without intention or purpose, and what is its ruling if it was merely a whisper due to waswasah (insinuating thoughts)?
If one pronounces a clear word of divorce, such as saying to his wife—even if she is absent—"You are divorced, so-and-so," then his wife is divorced, even if he was joking or said it without intention. This is based on the Prophet’s (peace be upon him) saying: "There are three matters whose seriousness is serious and whose jest is serious: marriage, divorce, and return (revocation of divorce)." The scholars have unanimously agreed that the seriousness and jest of divorce are the same, and that a clear pronouncement of divorce holds an accountable, mature individual responsible; his saying "I was playing" or "I was joking" does not benefit him. Therefore, what you uttered, if you were conscious of what you were saying, results in a minor separation (baynunah sughra) due to the divorce occurring before consummation. If you wish to take her back, you must enter into a new marriage contract with her, with a new dowry, a guardian, and two witnesses. You will then have two divorces remaining. As for thoughts of divorce that you harbored within yourself, they do not constitute a divorce until you articulate them verbally.
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