What is the ruling on divorcing one's wife in jest without the intention of divorce, and is this divorce counted if the speaker is unaware of the Hadith, "There are three matters, serious in earnest and serious in jest: marriage, divorce, and return (to marriage)"?
An explicit pronouncement of divorce effects divorce even if the husband is joking, due to the حديث (hadith): "Three matters, serious when serious and serious when joked about: marriage, divorce, and رجعة (revocation/reconciliation)." Therefore, it is counted as one divorce. الرجعة (revocation) occurs, according to the Hanafis, by mere touching with desire, and according to the Hanbalis, by intercourse. Thus, conjugal relations with the wife after a divorce are considered a رجعة if they occur before she exits her waiting period (iddah). If she has exited her iddah, it is safer to perform a new marriage contract with a mahr (dower), her consent, her guardian, and two witnesses. However, if she is still within her iddah, verbal revocation suffices.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/82017